434

Land Revenue

[1964: KAR. ACT 12

THE KARNATAKA LAND REVENUE ACT, 1964
ARRANGEMENT OF SECTIONS

Statements of Objects and Reasons: Sections : CHAPTER I
PRELIMINARY

1. Short title, extent and commencement. 2. Definitions. CHAPTER II
CONSTITUTION AND POWERS OF THE REVENUE OFFICERS

3. Chief controlling authority in revenue matters. 4. State to be divided into Districts and Districts to consist of Taluks comprising Circles and Villages. 5. Power of State Government to alter limits of or to amalgamate or constitute villages. 6. Procedure for constitution, abolition, etc., of districts, taluks, circles or villages. 7. Appointment, duties and functions of Divisional Commissioners. 8. Deputy Commissioner. 9. Special Deputy Commissioner. 10. Assistant Commissioners. 11. Tahsildars. 12. Special Tahsildars. 13. A Tahsildar or A Special Tahsildar may depute subordinates to perform certain of his duties. 14. Officers to discharge duties during temporary vacancy. 15. Revenue Inspectors. 16. Village Accountant. 17. Village Accountant to keep such records as he may be required to keep and prepare public records. 18. Survey Officers. 18A. Appointment of lincensed Surveyors. 19. Other Officers. 20. Combination of Offices.

1964: KAR. ACT 12] 21. Seals.

Land Revenue

435

22. Demands for money, papers, etc., in the hands of a Revenue Officer or other person. 23. Recovery of public money or property from revenue officers or other persons. CHAPTER III
PROCEDURE OF REVENUE OFFICERS

24. Revenue Officers to be Revenue Courts. 25. Saving of inherent powers of a Revenue Court. 26. Place for holding enquiries or hearing cases. 27. Power to transfer cases. 28. Power to take evidence, summon persons to give evidence and produce documents. 29. Contents of summons and the manner in which it has to be issued and served. 30. Mode of serving notices. 31. Procedure for procuring attendance of witnesses. 32. Compelling attendance of witnesses and examination of witnesses on commission. 33. Formal inquiry. 34. Summary inquiry. 35. Formal and summary inquiry to be deemed judicial proceedings. 36. Hearing and decisions to be in public and after notice. 37. Inquiries other than formal or summary. 38. Power to enter upon any lands or premises for the purposes of measurements, etc. 39. Manner of evicting any person wrongfully in possession of land. CHAPTER IV
CONSTITUTION AND POWERS OF THE KARNATAKA REVENUE APPELLATE TRIBUNAL

40. Constitution of the Revenue Appellate Tribunal. 41. Conduct of business of the Tribunal. 42. Sittings of the Tribunal. 43. Powers of the Tribunal. 44. Powers of review.

436

Land Revenue 45. Finality of the orders of the Tribunal. 46. Powers of the Tribunal to call for returns, etc. 47. Proceedings of Tribunal to be judicial proceedings. 48. Power to make regulations. CHAPTER V
APPEAL AND REVISION

[1964: KAR. ACT 12

49. Appeals from original orders. 50. Second Appeal. 51. Limitation of Appeals. 52. Application of the Limitation Act. 53. Copy of the order to accompany petition of appeal. 54. Powers of appellate authority. 55. Stay of execution of orders. 56. Power of Revision. 57. Orders expressly made final under the act. 58. Amendment of orders. 59. Orders not reversible by reason of error or irregularity not occasioning failure of justice. CHAPTER VI.
REVENUE JURISDICTION.

60. Definitions. 61. Exclusive Jurisdiction of Revenue Courts and bar of Jurisdiction of Civil Courts. 62. Savings of certain suits. 63. Plaintiff to exhaust his right of appeal before instituting a suit or other proceeding against Government. 64. Power of Tribunal to refer questions for decision of High Court. 65. Power of Civil Court to refer questions of jurisdiction to High Court. 66. Composition of Bench. CHAPTER VII.
LAND AND LAND REVENUE.

Land. 67. Public roads, etc., and all lands which are not the property of others belong to the Government.

Register of alienated lands. street. Right to mines and mineral products to vest in Government. 72. Recovery of value of trees. Land Revenue to be a paramount charge on the land. 89. 88.1964: KAR. 74. commutation of non-agricultural assessment and prohibition of use of land for certain purposes. shall not be otherwise used without sanction of the Deputy Commissioner. 79. 81. Penalty for failure to grant receipts. 73. 76. Settlement of assessment with whom to be made. lane or path not required for use of public. Regulation of use of pasturage. . ACT 12] Land Revenue 437 68. 87. 75. 90. 85. Manner of assessment. Alluvial land and its liability to land revenue. Receipts. Forfeited holdings may be taken possession of and otherwise disposed. Road-side trees. Trees and forests vesting in the Government. 86. unauthorisedly appropriated. Recovery of value of natural product unauthorisedly removed from certain lands.. 80. Disposal of lands or other property belonging to State Government under section 67. etc. Right to trees in villages. 82. Right to trees in villages to which survey settlement has not been introduced. 84. 83. unless specially exempted. Remission of assessment in cases of diluvion. Assessment by whom to be fixed. 78. to which survey settlement has been introduced. Land Revenue. 69. Regulation of supply of firewood and timber for domestic or other purposes. All land liable to pay land revenue. 71. Extinction of rights of public and individuals in or over any public road. Lands may be assigned for special purposes and when assigned. 77. 70.

To prevent forfeiture of occupancy certain persons other than occupant may pay land revenue. Summary eviction of person unauthorisedly occupying land. Construction of water course through land belonging to other persons. 100. . Permission may be granted on terms. 97. Uses of agricultural land and the procedure for use of agricultural land for other purpose. Grant of land in case of construction of dwelling house in occupied land. Unoccupied land may be granted on conditions. 96. 90B. 91. 104. Penalties for unauthorised occupation of land. Right of way to relinquished or forfeited land or to land used for purpose of agriculture. 94C. etc. Rights of occupants. 94. 93. 102.438 Land Revenue CHAPTER VIIA [1964: KAR. Diversion of non-agricultural land held for a specific purpose. 95. CHAPTER VIII GRANT. DIVISION OF SURVEY NUMBERS AND PARTITION OF ESTATES 106. 94A. CHAPTER IX REVENUE SURVEY. 94B. ACT 12 CONSTRUCTION OF WATER THROUGH LAND OF ANOTHER 90A. Permission for taking up unoccupied land. Grant of land in certain cases. 101. Penalty for using agricultural land for other purpose without permission. 103. Relinquishment. Regularisation of certain cases of unauthorised occupation by constituting committee. Failure to pay rent and to keep water course in good repair. Revenue Survey may be introduced by State Government into any part of the State. 90C. 98. 99. Occupancy not transferable without sanction of prescribed authority nor liable to process of a Civil Court. 92. USE AND RELINQUISHMENT OF UNALIENATED LAND. Removal or discontinuance of water course. Grant of alluvial land vested in Government. 105. Occupancy right transferable and heritable.

Recovery of expenses of partition. 114A. 109. 129A. Publication of the Settlement Report. The fixing of assessment under Act limited to ordinary land revenue. Determination of assessment of lands. The term of settlement. 128. 117. 124. Division of Survey Numbers into Sub-divisions. Deputy Commissioner to submit to Government the Settlement Report with statement of objections.. Registration of mutations and register of disputed cases. etc. The State Government may direct a fresh survey. 123. 122. 113. CHAPTER XI RECORDS OF RIGHTS 127. 111. 120. 129. 116. 108. Power of State Government to direct assessment for irrigation facilities. Settlement Report to be approved by State Legislature. 118. ACT 12] Land Revenue 439 107. Acquisitions of rights to be reported. 119. Government may direct an original or revision settlement of land revenue of any land. Procedure to be followed by the Settlement Officer in making a settlement. Power of Survey Officer to require assistance from land holders. 122A.1964: KAR. Determination of assessment of lands wholly exempt from payment of land revenue. Introduction of Settlement. Preparation of statistical and fiscal records. 122B. 115. 112. and his opinion thereon. Notice of assessment to occupants. 126. Revision of settlement of land revenue in certain cases. 125. Record of Rights. CHAPTER X ASSESSMENT AND SETTLEMENT OF LAND REVENUE OF AGRICULTURAL LAND 114. Continuance of certain Survey and Settlement operations. . Increase in average yield due to improvements by holders not to be taken into account. Minimum extent of a survey number. Assessment how determined. Patta book. 121.

towns and cities. ACT 12 130. Presumption regarding entries in the records. Bar of suits. 143. Determination of village boundaries. how to be fixed and assignment of building sites. 134. Procedure in case of disagreement or dispute. 147. Settlement of boundary dispute by arbitration. Determination of boundaries of lands forming a survey number or a holding. 152. . 150. Disposal of Building sites. Requisition of assistance in preparing maps. 138. 146. Existing exemptions to be continued in certain cases. 151. Penalty for injuring boundary marks. 142. 132. Limits of sites of villages. Construction and repair of boundary marks. Procedure in certain cases of survey under section 152 and charge of a survey fee. 131. Certified copies. Description of boundary marks. Appeal and Revision. 136. Responsibility for the maintenance of boundary marks. 135. Obligation to furnish information. Settlement of village boundaries by agreement. CHAPTER XIII SURVEY AND SETTLEMENT OF LANDS AND OF BOUNDARY DISPUTES WITHIN THE SITES OF VILLAGES AND THE LIMITS OF TOWNS AND CITIES 148.440 Land Revenue [1964: KAR. 133. CHAPTER XII BOUNDARIES AND BOUNDARY MARKS 137. etc. 149. 141. Certified copies of records to be annexed to plaint or application. Survey of lands and their boundaries within sites or villages or the limits of cities and towns how to be conducted. 139. 145. Deputy Commissioner to have charge of boundary marks after introduction of the survey settlement. Right to exemption to be determined by the Deputy Commissioner. 144. 153. 140. Effect of the settlement of a boundary.

Liability of certified purchaser. 179. The sale to be by auction. Sale not to be excessive. 174. Prohibition to bid at auction. Land Revenue when becomes due and payable. Recovery by attachment of the defaulter’s village and taking it under management. Contributions payable by local authority. 180. 183. 156. ACT 12] Land Revenue 441 154. Attachment how to be made. 164. 168. Distraint and sale of moveable property. 170. . 171. 177. 178. 175. Refunds. Arrear of land revenue and defaulter. 167. 176. 169. Certificate to be granted without extra charge. CHAPTER XIV REALISATION OF LAND REVENUE AND OTHER PUBLIC DEMANDS 157. 158. 182. 181. 165. Process for recovery of arrears. 162. Confirmation of sale. Certificate of purchase.1964: KAR. Notice of demand. Purchase of property by Government. 159. Claims to immoveable property attached. Removal of obstruction. 155. Deposit by purchaser of immoveable property. Attachment and sale of immoveable property. Liability for revenue. Claim of State Government to have precedence over all others. 161. Sale of perishables. 173. Forfeiture of occupancy or alienated holding. 160. Failure to make deposit. 163. Duties of local authority for protecting boundary or survey marks. Application of proceeds of sale. 166. 172. Setting aside sale. Procedure in effecting sale of immoveable property.

194.. Repeal and Savings. Inspection and grant of copies of maps and land records. Precautionary measures to be relinquished on security being furnished. 200.442 Land Revenue [1964: KAR.The Laws relating to land and land revenue administration of Mysore. 192. Transitional provisions. Lands of such village to revert to Government free of encumbrances. to vest permanently in the State Government if not redeemed within twelve years. 202. **** STATEMENTS OF OBJECTS AND REASONS I Act 12 of 1964. etc. Application of surplus profits. Restoration of village so attached. Recovery of other public demands. CHAPTER XV MISCELLANEOUS 193. 191. 187. Protection of action taken in good faith. Village. 188. Precautionary measures in certain cases. 185. Recovery of arrears due in any one district by Deputy Commissioner of another district. Recovery of moneys from survey. the administration of land and land revenue is being carried on under the Board's Standing Orders and in accordance with about 23 enactments dealing with particular aspects of land and land revenue.. Delegation of powers. Laying of rules and Regulations and notifications before the State Legislature. 198. 189. in the Madras Are. Hyderbad and Coorg area have been codified in the respective Land Revenue Codes or Acts. but. 199. 186. Suspension or remission of land revenue. Power to remove difficulties. 190. SCHEDULE. 197. ACT 12 184. Offences by Companies. Bombay. 201. Even through basically there are no material differences in principle . 196. Power of State Government to make rules. 195.

p. they should be treated as though they are dry lands and the land revenue applicable to the lands of that classification value of dry land of that class in that locality should be levied and that water rate may be levied separately under the provisions of the Mysore Irrigation (Levy of Betterment Contribution and Water Rate) Act. ACT 12] Land Revenue 443 among the several laws in the different areas of the State. Part IV-2A. (Published in the Karnataka Gazette (Extraordinary). 90. It is also considered that in respect of plantations. dated 18th April. It was originally intended that the new rates of assessment should be brought into force from the year 1965-66. But in respect of proceedings commenced to concluded under the Acts repealed by the Land Revenue Act. have to be entertained and dealt with by the Divisional Commissioners. as No. To appellate power has been conferred on the Divisional Commissioner. Hence the Bill.—It is considered that in respect of dry lands. 1957.) II Amending Act 9 of 1965. 1964. appeals from the orders of the Deputy Commissioner. 1962. standard rate of land revenue for land of one hundred per cent classification value in that class should be four per cent of the value of the average yield of such land. On account of the fact that the consideration of the Settlement Reports has taken more time than was anticipated. (Published in the Kanataka Gazette (Extraordinary) Part IV-2A dated 9th August.) III Amending Act 2 of 1966. it is desirable and administratively convenient to have a uniform law governing land and land revenue administration for the State of Mysore. 6. Hence this Bill. 594. it is considered that for the purposes of land revenue. it is proposed to make necessary amendments so as to enable Government to levy land revenue according to resettlement even if the new rates are actually introduced in the course of the revenue year. the standard rate should be one per cent of the value of the average yield of lands of that class of one hundred per cent classification value. p. It is considered desirable to entrust the appellate functions in . rain-fed wet lands and rain-fed garden lands.—According to section 49 of the Mysore Land Revenue act. the Tribunal is the Appellate Authority in respect of any order passed by a Deputy Commissioner.1964: KAR. In so far as the irrigated wet lands and irrigated garden lands are concerned. 1965. Opportunity has been taken to make certain other amendments of a minor nature.

) V Amending Act 5 of 1970. as No. as No. 24. dated 22nd January. The work at Government level on this account has shown increase and it has not been possible to dispose of this work at an adequate rate and consequently pendency of cases has been high. 1970. (Published in the Karnataka Gazette (Extraordinary). 1966. 193. (Published in the Karnataka Gazette (Extraordinary). Hence this Bill. as No. Hence the Bill. proposed to insert a new section 94A to enable regularisation of such unauthorised occupation in deserving cases on conditions appropriate to the circumstances of each case. Having regard to the nature of these cases it is appropriate that appeals should lie to the Divisional Commissioners and powers of revision should vest in Government. Part IV-2A. (Published in the Karnataka Gazette (Extraordinary).444 Land Revenue [1964: KAR. ACT 12 respect of orders made under the repealed Acts also to the Mysore Revenue Appellate Tribunal. 9. .—Under the Karnataka Land Revenue Act. Hence this Bill. 1969. It is. 4. This works out as a great hardship in some cases where the parties have made considerable investment in good faith.) IV Amending Act 7 of 1969. p.—At present appeals in land grant cases also lie to the Mysore Revenue Appellate Tribunal. Part IV-2A. In the case of unauthorised occupation of Government lands the existing provisions of section 94 provide no alternative to eviction. Part IV-2A dated 16th January.—It is considered necessary to take power to direct revision settlement in zones where the standard rates fixed by the recent revision settlement require modification. The entrustment of the said appellate functions will not involve any additional expenditure to the State. the Government of Karnataka is the highest appellate and revisional authority in respect of land grant cases. therefore. 1964 as amended in 1970. p. It is also considered necessary to make provision specifying the authority to determine the assessment on individual holdings and to provide an opportunity to the holders to prefer objections and also to provide a machinery for the consideration and decision of these objections. 6. dated 31st March.) VI Amending Act 33 of 1975. p. 7.

the second appellate power of the Tribunal under the Motor Vehicles Act. create or alter . p. ACT 12] Land Revenue 445 The highest appellate authority in revenue matters in general is the K. 1975 was issued. Certain powers of the Deputy Commissioner have been delegated to the Tahsildars under Section 197. (Obtained from File No. Hence the Karnataka Land Revenue (Amendment) Ordinance. The work of the Tribunal which was very heavy some three to four years back has since come down with the disposal of the bulk of the appeals under Inam Abolition Acts and removal.—Under Section 49 of the Karnataka Land Revenue Act. Under Section 94A unauthorised occupation of Government lands were to be regularised. as No. It was intended that in such cases also the appeals should lie to the Assistant Commissioner. Part IV-2A. This Bill seeks to replace the said Ordinance. The Karnataka Revenue Appellate Tribunal has in some case held that an appeals lies to the Tribunal only against the orders of the Tahsildar passed under such delegated power. by order of the High Court. Bangalore. 1975 was issued amending Section 49A and omitting section 94A. an appeal against an order passed by a Revenue Officer subordinate to the Assistant Commissioner whether or not invested with the powers of the Assistant Commissioner or the Deputy Commissioner. 7.A. enabling Government to abolish. 2041. Government thought it expedient in the public interest to transfer the appellate and revisional powers in respect of Land Grant Cases also to the Karnataka Revenue Appellate Tribunal. VIII Amending Act 23 of 1976. dated 26th July. LAW 16 LGN 76). lies to the Assistant Commissioner.) VII Amending Act 22 of 1976.— The question of reconstituting Districts and Taluks in the State wherever necessary is under the consideration of Government. Therefore the Karnataka Land Revenue (Second Amendment) Ordinance. According to section 6 of the Karnataka Land Revenue Act.1964: KAR. (Published in the Karnataka Gazette (Extraordinary).T. This Bill is to replace the said Ordinance. A oneman Commission has gone into the question in detail after hearing representations and looking into suggestions from many quarters. 1975. It was felt that wrong doers need not be conferred with such right and that these Government lands should be utilised for distribution among bona fide landless persons.R.

it is considered necessary to provide for supplying him with a Patta Book containing the relevant particulars relating to his land. Section 69 is hence proposed to be amended. taluk. p. (Obtained from LA Bill No. It consists of official and non-official members and the recommendations thereof shall ordinarily be accepted by the competent authority. 6. proposed to provide for statutory committees consisting of official and nonofficial members and entrust the disposal of revenue lands in taluks and urban areas to such committees.—Section 69 of the Karnataka Land Revenue Act. 1982.) IX Amending Act 42 of 1981. Part IV-2A. Part IV-2A.) X Amending Act 23 of 1982. 1964 (Karnataka Act 12 of 1964) governs the disposal of lands belonging to the State Government. File No. dated 12th June. Certain consequential and incidental amendments have also been made: Hence the Bill. (Published in the Karnataka Gazette (Extraordinary). circle or village in cases where Government consider it not necessary. create or alter the limits of any district. In order to avoid harassment to those who intend to use agricultural lands for other purposes. The present procedure for conversion of land for non-agricultural purposes which involves previous permission of the Deputy Commissioner is found to be dilatory. It is. The officers specified therein are the persons competent to make the disposals. Sub-section (2) to (6) of section 95 of the Act are consequently omitted. LAW 16 LGN 76. Provision for revision of the decision of the committee has been made by suitably amending section 56. p. Hence the Bill. Hence the Bill. as No. 1981. 19 of 1979. Provision is also made it presume the entries therein to be true unless the contrary is proved. The present scheme of disposal envisages a consultative committee constituted by the State Government under rule 24 of the Karnataka Land Grant Rules.) . It has been found that the committee have not proved effective as they are only consultative in nature. As the changes under consideration have been proceeded by elaborate enquiries. 483. it was decided to amend section 6 of the Land Revenue Act. (Published in the Karnataka Gazette (Extraordinary). this procedure is intended to be dropped. 4.446 Land Revenue [1964: KAR.—At present a person desiring to obtain an extract of the Record of Rights of his land is put to much hardship as a lot of delay occurs in the preparation and supply of the said extract. as No. ACT 12 jurisdiction requires to be notified for hearing objections. To avoid this. dated 3rd February. enabling Government to abolish. so that loans and advances can be secured easily with the aid of the book. 97.

It is. Persons registered as occupants under the Karnataka Land Reforms Act and grantees of surplus land under that Act are however not brought within the scope of the said provision. it is estimated that the population of Bangalore would reach a staggering figure of 70 lakhs by 2001 A. 3.— In view of the special conditions prevailing in the Districts of Dakshina Kannada it was considered necessary to provide for a simple procedure for the conversation of dry (punja) lands in that district. Such rapid urbanisation. 1984. as No. as No.) .—Urbanisation. Though at a relatively lower pace compared to Bangalore. providing for the prohibition of conversion of agricultural land to non-agricultural uses within the Green Belts around Cities/Towns. Hence the Bill. dated 9th February. 1983. unless adequately supported by requisite infrastructural facilities. therefore. The rate of growth of population of Bangalore during the decade 1971-81 was 76. (Published in the Karnataka Gazette (Extraordinary). particularly in Karnataka. 1964. other Cities and Towns also in Karnataka are growing fast. it is considered essential to have carefully laid out Green Belts around such Cities/Towns. dated 12th August. p. Most modern cities today are laying great store by such provisions for Green Belts. D. proposed to amend the provisions of Section 95 of Karnataka Land Revenue Act. may pose a great environmental hazard. is taking place at a very rapid pace.) XII Amending Act 23 of 1984. p. 717. the highest for any City in India.1964: KAR. (Published in the Karnataka Gazette (Extraordinary). 4.17 per cent. as may be notified from time to time. Hence the Bill. The first step to protect such a green belt is to regulate conversion of the agricultural land in such track to non-agricultural use. ACT 12] Land Revenue XI 447 Amending Act 20 of 1983. Part IV-2A. At the present place. these urban areas run a great risk of becoming a “Concrete Jungle”. Certain consequential amendments have also been made. unless their growth is properly regulated with suitable provision for adequately stretches of Green Belts. Part IV-2A. With a view to ensuring that the urban population in Karnataka is adequately served by infrastructural facilities and does not unnecessarily run the risk of environmental hazards. Similarly. 112.

as No. No. 1964 to grant exemptions of such nature. 58.448 Land Revenue XIII [1964: KAR. they are facing much hardship and the implementation of irrigation schemes has slackened. In order to overcome this situation. Hence the Bill. 1964. At present there is no law which allows them to so lay a pipeline or watercourse. 1986. and to provide for the regularisation of certain conversions which conform to building laws and prescribed rules etc. dated 18th October 1980. in these circumstances. subject to conditions and restrictions. by compounding the diversion on payment of the prescribed amount. RD 215 SST 77. Part IV-2A. Therefore.O. as No. 4. to assume power to grant exemption by notification. ACT 12 Amending Act 10 of 1985. In the past. there have been many instances of unauthorised diversion of agricultural land to non-agricultural use in contravention of the regulatory provisions of the Karnataka Land Revenue Act. Part IV-2A.) . Attempts to prevent them by resorting to the power of demolition etc. have not yielded useful results and were often not practical. 150. the latter are obstructing them. RD 215 SST 77. Power is also intended to be taken to levy the amount of conversion fine or compounding amount at different rates depending on the areas or the purposes of the conversion and contravention by suitably amending the Land Revenue Act. p. dated 5th October 1977 and this was enhanced to four hectares in G. (Published in the Karnataka Gazette (Extraordinary). Hence the Bill. (Published in the Karnataka Gazette (Extraordinary).. There is however no provision in the Land Revenue Act.) XIV Amending Act 20 of 1986. 1964.O.. so as to regularise the exemption already granted. dated 20th March 1985. dated 29th January. 6. No.—Many representations are being received from Agriculturists that when it became necessary for them to lay a pipeline or watercourse for irrigating their lands through the lands of their neighbours.—Holdings of rainfed dry land not exceeding two hectares and equivalent extent of rainfed wet land were exempted from the payment of land revenue in G. p. A similar provision exists in the State of Maharashtra. It is considered necessary. it is proposed to amend the Karnataka Land Revenue Act to empower the Tahsildar to grant permission to the land holders to lay pipeline through their neighbour’s lands.

the Committees constituted for regularisation of certain cases of un-authorised occupation shall consist of not more than three members. 1954 is intended to be amended and Section 94-A is proposed to be introduced to provide for the following:— (1) making unauthorised occupation of Government land punishable. (Published in the Karnataka Gazette (Extraordinary). 138. as No. (3) the maximum extent of unauthorised holding proposed to be regularised to be 2 hectares of ‘D’ class land or equivalent thereto.) . This amendment is proposed to resolve the ambiguity which has arisen on account of certain judicial pronouncements. (6) the Scheduled Castes and Scheduled Tribes shall pay only 1/20 of the amounts. Part IV-2A dated 20th November 1990. garden lands and forest lands shall be excluded from regularisatian. It is proposed to provide for enhancement of the number of members upto five. ACT 12] Land Revenue XV 449 Amending Act 2 of 1991.—The Government has decided to regularise the unauthorised occupation of Government land subject to certain conditions and restrictions and on payment of regularisation charges. in order to avoid practical difficulties. (5) the regularisation charges shall be 500 times the assessment of the land. dated 26th March. Part IV-2A. 607. Hence the Bill. (2) regularisation of unauthorised occupation of Government land prior to 1-11989. A few incidental and consequential amendments are also made. Section 94 of the Karnataka Land Revenue Act.—Under section 94A of the Karnataka Land Revenue Act 1964 as amended by the Karnataka Act 2 of 1991.1964: KAR. (7) plantation lands. p.) XVI Amending Act 21 of 1991. 1991. p. as No. 7. and. 137. Hence the Bill. Section 95 is also proposed to be amended to ensure that the permission of the Deputy Commissioner shall be obtained for use of agricultural land for nonagricultural purposes notwithstanding anything contained in any law for the time being in force. (4) where such land lies within the limits of a City or a City Municipality. (Published in the Karnataka Gazette (Extraordinary). the extent to be regularised shall be such as may be prescribed subject to the maximum extent of 2 hectares.

1964 the Patta holders were continuing mining operations in the Patta. (Obtained from LA. suitably. mining of granites and other minor minerals carried on in the patta or hiduvali lands in several parts of the State and to vest the rights over the minor minerals in the Patta lands.—It is considered necessary to provide for— (1) appeal provision on the orders made by the Deputy Commissioner or Tahsildar under Section 94. In order to regulate the valuable granite and other minor minerals and to maintain ecological balance it was considered necessary to amend section 70 of the Karnataka Land Revenue Act.450 Land Revenue XVII [1964: KAR. Hence the Bill. 1993 (Karnataka Ordinance 2 of 1993) was promulgated. 1991. Hence the Bill. This Bill seeks to replace the said Ordinance. 1991 (Karnataka Ordinance 8 of 1991) which was promulgated for the said purpose. Part IV-2A. hiduvali lands in certain parts of the State. (Published in the Karnataka Gazette (Extraordinary). as No. with the State Government. This Bill seeks to replace the Karnataka Land Revenue (Amendment) Ordinance. even without payment of the royalty to the State Government.) XIX Amending Act 33 of 1994. According the Karnataka Land Revenue (Amendment) Ordinance. Since it is considered necessary that such occupancy or alienated holding shall not be forfeited to the Government where arrears of land revenue does not exceed Rupees ten thousand it is proposed to amend section 163 suitably. 1964.) XVIII Amending Act 20 of 1993. 32. Under the saving provision in section 70 of the Karnataka Land Revenue Act. 1964 empowers the Tahsildar to declare the occupancy or alienated holding in respect of which arrears of land revenue is due to be forfeited to the State Government. 567.—Section 163 of the Karnataka Land Revenue Act. p. LAW 11 LGN 93. Bill No. dated 28th August.—It was considered necessary to amend section 70 of the Karnataka Land Revenue Act. . 12 of 1993 in File NO. ACT 12 Amending Act 28 of 1991. 1964 in order to prevent illegal quarrying.

By amending the Karnataka Land Revenue Act. (3) issued of order of grant and saguvali chit by the Tahsildar before the Payment of amount by grantees.) XX Amending Act 22 of 1998. It is also considered necessary to extend the benefit of regularisation already available in respect of certain types of land also to other classes of land including lands referred to in sub-section (2) of section 79 and to empower the Deputy Commissioner to grant such land after holding an enquiry.000 population. 731.A. Therefore.É â ªÀ â Xµ Ö E 43 UÈ Ò ÊU}Ò 97). Part IV-2A. it is considered necessary to provide for grant of such land in deserving cases by the Deputy Commissioner after holding an enquiry and also after considering the claim of any person whose application is pending before the Committee. and (4) grant of land. unauthorisedly cultivated. Bill No. wherever Government finds it necessary. 1964. (Obtained from L. 1994. Hence the Bill.1964: KAR. (Published in the Karnataka Gazette (Extraordinary). 1990 is required no grant shall be made without prior approval of the Central Government. 13. p. 30 of 1997 File No.— Section 94A of the Karnataka Land Revenue Act. It has come to the notice of the Government that though in large number of cases persons who are poor and illiterate are in unauthorised occupation prior to such date and also eligible for grant are being deprived of the benefit because of the failure on their part to apply for such grant in the stipulated time. having less than 50. ACT 12] Land Revenue 451 (2) constitution of additional committees in a taluk to regularise un-authorised cultivation. 1964 provides for grant of certain land unauthorisedly occupied by any person prior to 14th day of April 1990 for which he had to apply for grant of such land within a stipulated time. falling within the distance of five kilometres from the limits of the City Municipality. as No. dated 5th September. It is made clear that wherever prior approval of the Central Government under the Forest Conservation Act. . It is also provided that where it is a forest land not being a land referred to in sub-section (2) of section 79 such grant shall not be made. Hence the Bill.

É â ªµ â Xµ Ö E 46. that is part of a survey or sub-number. 1999. Hence the Bill.452 Land Revenue XXI [1964: KAR. variation of extent and other reasons. 1991) by amending the Karnataka Land Revenue Act. It is considered necessary to provide in the same manner for regularisation of unauthorised dwelling houses constructed on Government Land also except any unauthorised construction made on forest land or Government land in respect of which an application is made under the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act.C. it is considered necessary to entrust the work of preparing sketch of the properties of private surveyors (who will be called as Licensed Surveyors) who shall possess such qualifications and experience. to make it obligatory for any person reporting acquisition of right in a partition in respect of land and any person alienating any land. Hence the Bill (Obtained from L. It is also proposed. people belonging to poor sections of the society have encroached Government lands adjoining the Grama Thanas and unauthorisedly put up residential houses and hutments and living therein since long time.54 lakhs applications pending for disposal. Bill No. 1997. Bill No. as may be prescribed by inserting a new section to Karnataka Land Revenue Act.) XXIII Amending Act 15 of 2000. 1998 and the period of one year has lapsed on 30th October. The said Act was brought into force with effect from November1. Hence the Bill. 1964. (Obtained from L.— Section 94B of the Karnataka Land revenue Act.) XXII Amending Act 26 of 1999. to get a sketch of the said property prepared by a Licensed Surveyor. É â ªµ â Xµ Ö E 28. µ Ö É â }â 99. 1964. ACT 12 Amending Act 14 of 1999. 14 of 1998. it is considered necessary to remove the restriction of period of one year. provides for regularisation of certain lands within one year from the date of coming into force of the said amendment Act. (Obtained from L.— Due to increase in population.C. File No. Since there are still 10. 7 of 1999.A. break up of the joint families and migration. µ Ö É â }â 98. A provision has already been made for regulation of unauthorised occupation of Government lands used for cultivation. Bill No. File No. 1964 which was inserted by Karnataka Land Revenue (Amendment) Act. by amending section 128 and 131 of the said Act.— Some more than three lakhs of mutation phody cases are pending for measurement and many cases are pending disposal due to change of survey numbers. 14 of 2000) .

Bill No.12.1998 and has proposed this "Repealing and Amending Bill. . This Bill seeks to repeal and remove all spent and amendment Acts from the Statute Book. Joint Director for Settlement. Deputy Commissioner for Settlement. Assistant Superintendent for Settlement. 17 of 2000) XXV Amending Act 21 of 2003.1.1956 to 31. The Bill does not include. Deputy Director for Settlement. and Acts which are already repealed expressly.(i) entrust the Karnataka Appellate Tribunal with the Appellate and revisional powers of the Divisional Commissioner. Deputy Director of Land Records. Hence the Bill. The Government constituted One-man Committee for the above purpose. (iii) Appropriation Acts as they are spent Acts. (v) Acts which are by implication repealed by Central Acts.(i) (ii) Acts which amended the Karnataka Acts whether they are now in force or not.A. Assistant Director of land Records. (iv) Acts which have been struck down or by necessary implication struck down by the Court. Superintendent for Settlement. Acts which amended regional Acts which are no longer in force. (Obtained from L. 2000" which seeks to repeal the following types of Acts. The Committee has reviewed the Karnataka Acts for the period for 1.(i) (ii) Acts which amend the Central Acts and regional Acts which are in force. Assistant Director for Settlement. Superintendent of Land Records.1964: KAR. and (vi) Acts which are temporary and spent enactments.— It is considered necessary to abolish the posts of Divisional Commissioners and to. Assistant Superintendent of Land Records as Joint Director of Land Records.— It is considered necessary to prepare upto date Codal Volumes of the Karnataka Acts and to repeal all the spent Acts and amendments Acts from time to time. (ii) re-designate the posts of Deputy Commissioner of Land Records. ACT 12] Land Revenue 453 XXIV Amending Act 22 of 2000.

ACT 12 (iii) provide for disposal of the appeals/revisions pending before the Divisional Commissioner on the date of commencement of the proposed legislation.454 Land Revenue [1964: KAR. 1999. Certain other consequential changes are made. [ L. Hence the Bill. [LA BILL No.— It is considered necessary to amend the Karnataka Town and Country planning Act. Certain other consequential amendments are also made. 1961 to provide for. Hence the Bill.— Section 94B of the Karnataka Land Revenue Act. Since 55267 applications in Form 50 and 753727 applications in Form 53 are still pending. Hence the Bill. 10 OF 2004 ] (Entries 18 and 45 of List II of the Seventh Schedule to the Constitution of India XXVII Amending Act 1 of 2005. (iii) Deemed change of land use from commercial or industrial to residential and from industrial to commercial. BILL No. 1964 inserted by the Karnataka Land Revenue (Amendment) Act. The period was extended to three years from the date of commencement of the Karnataka Land Revenue (Amendment) Act. The said Act was brought into force with effect from 1st November 1998 and the period of one year lapsed on 30th October. 33 OF 2002] [Entry 18 of List-II of Seventh Schedule to the Constitution of India] XXVI Amending Act 19 of 2004. . (ii) Replacing the comprehensive development plan and outline development plan by master plan to simplify the procedure. The said period of three years has lapsed on 27th April 2003. 2000 (Karnataka Act 15 of 2000). it is considered necessary to extend the period further for one more year.(i) Definition of heritage building and heritage precinct and make regulation for conservation of the same. 1997 provides for regularization of certain lands within one year from the date of coming into force of the said Amendment Act.C.

before the various committees for disposal. 1964 inserted by the Karnataka Land Revenue (Amendment) Act.7 of 2005] **** . [LC Bill No.1964: KAR.04.2005. Hence the Bill.912 applications in Form 53 filed in accordance with the amended provisions are pending. The said period was extended from time to time and has lapsed on 26. it is considered necessary to extend the period further for one more year. 1997 provided for regularization of certain lands within one year from the date of coming into force of the said Amendment Act.26. Since 94340 applications in Form 50 and 4. ACT 12] Land Revenue 455 XXVIII Amending Act 29 of 2005.— Section 94B of the Karnataka Land Revenue Act.

2 of 1991. unless the context otherwise requires. (First published in the 1[Karnataka Gazette]1 on the Nineteenth day of March. Definitions. 26 of 1999. 10 of 1985. the land revenue administration and other matters hereinafter appearing.11.e. by notification.—(1) This Act may be called the 1[Karnataka]1 Land Revenue Act. 22 of 1998.—In this Act. 5 of 1970. 1964. Adapted by the Karnataka Adaptations of Laws Order.f. . 1973 w. 1964. 33 of 1975. appoint 1. 1973 w. 1.456 1 Land Revenue [1964: KAR. (2) It shall extend to the whole of the 1[State of Karnataka]1. 21 of 1991. 1964. 1.1973.e.4. 15 of 2000. 22 of 1976.e. (3) It shall come into force on such 1[date]1 as the State Government may. 28 of 1991. 42 of 1981.) THE 1[KARNATAKA]1 LAND REVENUE ACT. Adapted by the Karnataka Adaptations of Laws Order. 2. 1. 1964. WHEREAS it is expedient to consolidate and amend the law relating to land.— (1) “alienated” means transferred in so far as rights of the State Government to payment of the rent or revenue are concerned. Extent and Commencement. 23 of 1982. ACT 12 [KARNATAKA ACT]1 No.1973. wholly or partially. The Act has come in to force w. 22 of 2000.11.f.1964 by notification.11. CHAPTER I PRELIMINARY 1. (Received the assent of the President on the Sixth day of March. 33 of 1994.f.) (As amended by Karnataka Acts 9 of 1965. 7 of 1969. the assessment and recovery of land revenue. 1. 12 OF 1964. BE it enacted by the 1[Karnataka]1 State Legislature in the Fourteenth year of the Republic of India as follows:— 1.f. Short Title. to the ownership of any person. Text of the notification is at the end of the Act. 1. 1. 19 of 2004 and 1 of 2005. 23 of 1976. 23 of 1984. 2 of 1966. 20 of 1986. 1973 w. 20 of 1983. 20 of 1993.) An Act to consolidate and amend the law relating to land and the land revenue administration in the 1[State of Karnataka]1. 14 of 1999.1973. 21 of 2003. Adapted by the Karnataka Adaptations of Laws Order.e.

employed or specified by a Survey Officer. garden land or plantation land. (6) “city” includes any local area declared as a Municipal Corporation. and includes the open ground or courtyard enclosed by. Explanations. (ii) land in which wet crops cannot be grown except when irrigated by water obtained from any source of water which is the property of the State Government. Substituted by Act 9 of 1965 w. ACT 12] Land Revenue 457 (2) “building site” means a plot of land held for building purposes. (b) “wet land” means land in which wet crops can be grown by use of rain water or water obtained from any source of water which is not the property of the State Government. whether any building is actually erected thereupon or not. whether of earth. (3) “boundary mark” means any erection. in any village in which there is no chavadi. 1 Substituted by Act 9 of 1965 w. set-up. any building erected thereupon. such place as the Deputy Commissioner may by notification direct to be the chavadi for the purpose of this Act. (4) “certified copy” or “certified extract” means copy or extract.1964. a City Municipality or a Borough Municipality under any law for the time being in force. or strip of ground or other object. 1. 1. or any law in force at any time before the commencement of this Act. as the case may be. 1.— (i) land classified as dry land under any law repealed by section 202. water and other advantages. stone or other material and also any hedge. (7) “classification value” means the relative valuation of 1[any class of land]1 as recorded in the survey records having regard to its soil. . certified in the manner prescribed by section 76 of the Indian Evidence Act.—For purposes of this Act.f. 1. or adjacent to.1964.e.4. [(8) ‘class of land’ means any of the following classes of land.1964: KAR. 1872 (Central Act 1 of 1872). in order to determine the boundary of any division of land. (5) “chavadi” includes. whether natural or artificial. namely. or other Revenue Officer. unploughed ridge. dry land.— (a) ‘dry land’ means.f.4. wet land. having the authority in that behalf.e.

are sufficiently homogeneous in respect of the factors enumerated in section 116 to admit of the application to them of the same standard rates for the purpose of the assessment of land revenue. and shall consist of dry garden land and wet garden land. or permanently fastened to anything attached to the earth. can be grown. that is.458 Land Revenue [1964: KAR. (ii) ‘wet garden land’ means land in which wet garden crops can be grown by use of rain water or water obtained from any source of water which is not the property of the State Government. “holder” or “occupant”. or garden land in which wet garden crops cannot be grown except when irrigated by water obtained from any source of water which is the property of the State Government. . whether as co-sharers in a family undivided according to Hindu law. as the case may be. (12) “holding” means a portion of land held by a holder. rubber or tea. and (i) ‘dry garden land’ means land classified as such under any law repealed by section 202 or any law in force at any time before the commencement of this Act. whether such possession is actual or not. means all of the joint holders or joint occupants. and where land is held by joint holders or joint occupants. (14) “land” includes benefits to arise out of land. (d) ‘plantation land’ means land in which a plantation crop. cardamom. the revenue or rent of villages or other defined areas. (11) “to hold land” or to be a “land-holder” or “holder of land" means to be lawfully in possession of land. and also shares in. ACT 12 (c) ‘garden land’ means land in which garden crops other than plantation crops can be grown. or otherwise. coffee. in the opinion of the State Government or an officer authorised by it in this behalf. and whose shares are not divided by metes and bounds. (15) “landlord” means a person who has leased land to a tenant and includes a person entitled to receive rent from a tenant. pepper. or charges on. (10) “group” means all lands in a zone which. (13) “joint holders” or “joint occupants” mean holders or occupants who hold land as co-sharers. and things attached to the earth.]1 (9) “estate” means any interest in land and the aggregate of such interests vested in a person or body of persons capable of holding the same.

the Sanitary Board or Notified Area Committee.e. (18) “notification” means a notification published in the official Gazette. as the case may be. (19) “occupation” means possession.f. (23) “rental value” means the consideration (including premia. (22) “prescribed” means prescribed by rules made under this Act.f. 1959. (17) “local authority” means. if any. (ii) in any village. or a share of crops or any other thing of value rendered periodically or on specified occasions) for which land is or could be leased for a period of one year for its most advantageous use: (24) “Revenue Officer” means every officer of any rank whatsoever appointed under or employed for the purposes of this Act. the Cantonment Board. the Corporation. 1.11.e. 2 [Explanation.1964. (20) “occupant” means a holder in actual possession of unalienated land other than the tenant: Provided that where the holder in actual possession is a tenant. 1. the landlord or superior landlord. (21) “occupancy” means the portion of land held by an occupant. 1. the Village Panchayat or the Town Panchayat constituted under the 1[Karnataka]1 Village Panchayats and Local Boards Act. 1.f. 1973 w. (25) “revenue year” means the year commencing on the first day of July.1964: KAR.]2 1. and “to occupy land” means to possess or take possession of land. or any sum of money paid or promised.4.e.(i) in any municipal area. . ACT 12] Land Revenue 459 (16) “land records” means records maintained under the provisions of or for the purposes of this Act. the Municipal Council. 2.11.1973.—A ryotwari pattadar in the 1[Mangalore and Kollegal Area]1 and Bellary District. Adapted by the Karnataka Adaptations of Laws Order. as the case may be. 1973 w. a pattadar or shikmidar in the 1[Gulbarga Area]1 and a holder or land-holder in the Coorg District shall be deemed to be an occupant of such land for purposes of this Act. (26) “settlement” means the result of the operations conducted in a zone in order to determine the land revenue assessment. Substituted by Act 9 of 1965 w.1973. shall be deemed to be the occupant. Adapted by the Karnataka Adaptations of Laws Order.

(32) “survey number” means a portion of land of which the area and assessment are separately entered under an indicative number in the land records. (28) “superior holder” means a land holder entitled to receive rent or land revenue from other land holders (hereinafter called ‘inferior holders’). 21.— .e. whether holding under an instrument or an oral agreement and includes. with reference to the grantor be deemed to be the inferior holder of such land. and “sub-division of a survey number” means a portion of a survey number of which the area and assessment are separately entered in the land records under an indicative number subordinate to that of the survey number of which it is a portion. (33) “survey settlement” includes a settlement made under the provisions of Chapter X. (31) “Survey Officer” means an officer appointed under or in the manner provided by section 18. to the State Government: Provided that where land has been granted free of rent or land revenue. shall. with reference to the grantee.1965.460 Land Revenue [1964: KAR. Inserted by Act 9 of 1965 w. 1 Substituted by Act 9 of 1965 w. (30) “survey mark” means any mark or object. made. 21. (29) “survey” includes all operations incidental to the determination.]1 1. the standard rate shall be the value of one per cent of the average yield of crops per acre on the land in that class of one hundred per cent classification value. subject to the right of resumption in certain specified contingencies by a Jahgirdar. 1. Inamdar or holder.f. whose name is authorisedly entered as such in the land records.4.f.e. employed or specified by a Survey Officer to indicate or determine or assist in determining the position or level of any point or points. such Jahgirdar. [Provided that with reference to any plantation land. whether he is accountable or not for such land or land revenue or any part thereof. (34) “tenant” means a lessee. measurement and record of a boundary or boundaries or any part of a boundary and includes a re-survey.4. be deemed to be the superior holder of the land so granted by him and the grantee. Inamdar. erected. the value of 1[four per cent]1 of the average yield of crops per acre on land in that class of one hundred per cent classification value.1965. ACT 12 (27) “standard rate” means with reference to any particular class of land in a group. or other such holder of an alienated land.

(ii) climate and rainfall.2003 by notification.1973.11. 1. 26. under section 16.f. 1. (36) “town” includes a Panchayat town or a town area under the 1 [Karnataka]1 Village Panchayats and Local Boards Act. (ii) a mortgagee of a tenant’s rights with possession.— (i) physical configuration.5. and (iv) soil characteristics. or deemed to be appointed. 1.2003. ACT 12] Land Revenue 461 (i) a person who is or is deemed to be a tenant under any law for the time being in force.1973. or (iii) a lessee holding directly under the State Government or a local authority or body corporate.e. (iii) principal crops grown in the area. Text of the notification is at the end of the Act. 4. 2.— 2[(1) xxx]2 1.e. (40) “zone” means a local area comprising a taluk or group of taluks or portions thereof of one or more district. 26. Omitted by Act 21 of 2003 w. CHAPTER II CONSTITUTION AND POWERS OF THE REVENUE OFFICERS 3. town or city. 1959.1964: KAR.11.e. 1973 w. which.5. 1. Adapted by the Karnataka Adaptations of Laws Order. (38) “village” means a local area which is recognised in the land records as a village for purposes of revenue administration and includes a town or city and all the land comprised within the limits of a village. (39) “Village Accountant” means a Village Accountant appointed. State to be 1[divided into Districts]1 and Districts to consist of Taluks comprising Circles and Villages.f. Chief controlling authority in revenue matters. in the opinion of the State Government. 1973 w. or an officer authorised by it in this behalf is contiguous and homogeneous in respect of. (35) “terms of settlement” means the period for which the State Government has declared that a settlement shall remain in force. Adapted by the Karnataka Adaptations of Laws Order. .f. Substituted by Act 21 of 2003 w.—The State Government shall be the chief controlling authority in all matters connected with land and land revenue administration under this Act. (37) “Tribunal” means the 1[Karnataka Revenue Appellate Tribunal]1 constituted under section 40.f.e.

subject to such conditions and in such manner as may be prescribed. taluks.e. circles or villages. 26. or abolishing any 1[xxx]1. 1. circle or village or altering the limits of any 1[xxx]1.e. Omitted by Act 21 of 2003 w. taluk.f. of 1[xxx]1.462 Land Revenue [1964: KAR.2003 by notification. Procedure for constitution.—The State Government may. Power of State Government to alter limits of or to amalgamate or constitute villages.f. appoint for each district a Deputy Commissioner. or abolish existing districts. (4) The State Government may.—Before the publication of any notification under section 4 or 5 declaring any area to be a 1[xxx]1. 26. taluk. be determined by the State Government. ACT 12 (2) 1[The State]1 shall be divided into such districts with such limits.2003 by notification.5.2003. Substituted by Act 21 of 2003 w. Inserted by Act 23 of 1976 w.1976. . taluks or circles. 2. abolition.5. circle or village.f.. by notification. xxx]1 1. 26. a notice of the proposal inviting objections and shall take into consideration any objections to such proposal. district. 1[xxx]1 1. etc. 6. (3) Each district determined under sub-section (2) shall consist of such taluks and each taluk shall consist of such circles and each circle shall consist of such villages as may. be determined by the State Government. (2). 26. shall remain as they are for the purposes of this Act until altered by the State Government by notifications under sub-sections (1).f. circle or village. taluks. Deputy Commissioner.5. 1 Omitted by Act 21 of 2003 w. district. circles (by whatever name called) and villages as they exist immediately before the commencement of this Act.—(1) The State Government shall by notification. the State Government shall 2[except in cases where it considers not necessary so to do]2 publish in the official Gazette and in such other manner as may be prescribed.2003 by notification. alter the limits of any district. taluk. by notification. district. 8. (5) The divisions.e. by notification. 1. alter or add to the limits of any village or amalgamate two or more villages or constitute a new village for the purpose of this Act.f. districts. as may. districts. Omitted by Act 21 of 2003 w. 5.5. taluk or circle and may create new. 24. (3) and (4).1.e.e. [7.

(2) The State Government. or any other law for the time being in force. appoint to each district as many Assistant Commissioners as it may deem expedient. perform all the duties and exercise all the powers conferred upon the Deputy Commissioner by this Act or any other law for the time being in force.f. Assistant Commissioners. as the State Government may direct. Such Assistant Commissioner shall also. Omitted by Act 7 of 1969 w. subject to the provisions of Chapter V and to the orders of the State Government.1969.5. Special Deputy Commissioner. ACT 12] Land Revenue 463 (2) The Deputy Commissioner shall in his district exercise all the powers and discharge all the duties conferred and imposed on him under this Act or under any law for the time being in force. . except in such matters as the State Government may. by notification. it may.—(1) Whenever the State Government considers that for any purpose it is expedient to appoint a Special Deputy Commissioner for any district. 10.2003. may place any Assistant Commissioner appointed under sub-section (1) to be in-charge of the revenue administration of 1[x x x]1 one or more taluks called a Revenue Sub-Division. if any. appoint a Special Deputy Commissioner for such district. Such Assistant Commissioner shall perform all the duties and exercise all the powers conferred upon the Assistant Commissioner by this Act or any other law for the time being in force. he shall act according to the instructions of the State Government.e. Substituted by Act 21 of 2003 w. (3) 1[The Special Deputy Commissioner appointed under sub-section (1) shall be subordinate to the Deputy Commissioner of the District]1. 1. 9. by notification.4. all such Assistant Commissioners and all other officers employed in the Revenue Administration of the district shall be subordinate to the Deputy Commissioner. (2) The Special Deputy Commissioner shall exercise such powers and perform such duties as are exercised or performed by the Deputy Commissioner in the district or a part of the district under this Act. and in all matters not specially provided for by law. 17. 1.1964: KAR.f. He may also exercise such powers and discharge such duties as are conferred and imposed on an Assistant Commissioner under this Act or under any other law for the time being in force. specify in this behalf. by general or special order. 26.e.— (1) The State Government may. for such purpose and for such period as may be specified in such notification.

A Tahsildar or a Special Tahsildar may depute subordinates to perform certain of his duties. He shall be subordinate to the Assistant Commissioner in-charge of the Taluk and where there is no such Assistant Commissioner. depute any of his subordinates to perform any portion of his ministerial duties: 1. appoint to each taluk a Tahsildar who shall be the Chief Officer entrusted with the land revenue administration of the Taluk. appoint a Special Tahsildar for such Taluk for such purpose and for such period as may be specified in such notification. as the State Government may direct. 12. to the Deputy Commissioner of the District. subject to such orders as may be passed by the 1[xxx]1 Deputy Commissioner.5. it may. specify in this behalf. . Omitted by Act 21 of 2003 w. 13.—(1) Whenever the State Government considers that for any purpose it is expedient to appoint a Special Tahsildar for any Taluk. by order. by notification. Special Tahsildars. Tahsildars. 11.—(1) The State Government shall. exercise such powers and perform such duties as the Deputy Commissioner may assign to him.f. Provided that all acts of his subordinates when so employed shall be liable to revision and confirmation by such Tahsildar or Special Tahsildar. (2) A Special Tahsildar shall exercise such powers and discharge such duties as are exercised or performed by the Tahsildar in a taluk or part of a taluk under this Act or any other law for the time being in force. (2) The duties and powers of a Tahsildar shall be such as may be expressly imposed or conferred upon him by this Act or any other law for the time being in force or as may be imposed by or delegated to him by the Deputy Commissioner under the general or special orders of the State Government.2003. but not placed in-charge of a Revenue Sub-Division under sub-section (2) shall.—A Tahsildar or a Special Tahsildar may. by notification. ACT 12 (3) An Assistant Commissioner appointed under sub-section (1).e. subject to the orders of the State Government. A Special Tahsildar shall be subordinate to the Tahsildar in the Taluk except in such matters as the State Government may. 26. (3) A Special Tahsildar shall be subordinate to the Assistant Commissioner in-charge of the Taluk and where there is no such Assistant Commissioner to the Deputy commissioner of the district.464 Land Revenue [1964: KAR.

unless other provision is made by the Government. (4) If a Tahsildar is disabled from performing his duties or for any reason. . (3) If the Assistant Commissioner of a Revenue Sub-Division is disabled from performing his duties or is on leave or for any reason vacates his office or dies. succeed temporarily to his office. or until the State Government appoints a successor and such successor takes charge of his appointment.f. 15.5. the Tahsildar stationed at the headquarters of the Assistant Commissioner shall. until the Assistant Commissioner resumes charge of his Revenue Sub-Division. or in his absence. Omitted by Act 21 of 2003 w. the senior most Assistant Commissioner at the district headquarters shall.—(1) 1[The Deputy Commissioner may. Officers to discharge duties during temporary vacancy. Substituted by Act 21 of 2003 w. the senior most ministerial officer in the Taluk Office shall succeed temporarily to the said Tahsildar’s Office and shall be deemed to be the Tahsildar under this Act. Revenue Inspectors.2003. until the Tahsildar resumes charge of his Taluk or until such time as a successor is duly appointed and takes charge of his appointment. 26. the Special Deputy Commissioner. or in his absence. if any.e. unless other provision has been made by the State Government. 1. subject to the general orders of the State Government]1.— [(1) xxx]1 1. (2) If the Deputy Commissioner is disabled from performing his duties or for any reason vacates his office or leaves his district or dies. appoint a Revenue Inspector for each circle and he shall perform all the duties of a Revenue Inspector prescribed in or under this Act or in or under any other law for the time being in force.1964: KAR. succeed temporarily to his office and shall be deemed to be the Assistant Commissioner of the Revenue Sub-Division under this Act. and such successor takes charge of the appointment. vacates his office or leaves his taluk or dies. ACT 12] Land Revenue 465 1 14.f.2003. the Special Tahsildar. until the Deputy Commissioner resumes charge of his district. and shall be deemed to be the Deputy Commissioner under this Act. and shall hold office and be governed by such rules as may be prescribed. 26.e.5. or until the Government appoints a successor to the former Assistant Commissioner. if any.

26. Survey Officers.11.f. whenever called upon by any superior revenue officer of the taluk or district. Each such officer shall be subordinate to such officer or officers as the State Government directs. or otherwise as the State Government may deem fit. which are required either for the use of the Central or the State Government or the public. . reports.5. appoint a Village Accountant for a village or group of villages and he shall perform all the duties of a Village Accountant prescribed in or under this Act or in or under any other law for the time being in force. Village Accountant.e. 18. 1. Adapted by the Karnataka Adaptations of Laws Order.5. 1. appoint such officers as it may deem necessary.f. Joint Director for Settlement. 2 [Joint Director of Land Records.2003. Settlement Officers and Assistant Settlement Officers. 26. Assistant Director for Settlement. Omitted by Act 21 of 2003 w. accounts and other records that shall be kept by the Village Accountant. assessments and settlements of land revenue and the settlements of boundaries and connected matters provided for in this Act. 1.—(1) The State Government shall prescribe the registers.2003. mahazars and depositions.1973. ACT 12 (2) Persons holding the office of Revenue Inspector for a circle (by whatever name called) immediately prior to the commencement of this Act shall be deemed to be Revenue Inspectors for such circle till another person is appointed under sub-section (1). (2) Persons holding the office of a Village Accountant for a village or group of villages immediately prior to the commencement of this Act shall be deemed to be Village Accountants for such village or group of villages till another person is appointed under sub-section (1). 17. Assistant Director of land Records]2.f. 1973 w. subject to the general orders of the State Government 1[xxx]1. Deputy Director for Settlement.—(1) For purposes of survey. such as notices. the State Government may. Substituted by Act 21 of 2003 w. Deputy Director of Land Records. 16. Village Accountant to keep such records as he may be required to keep and prepare public records. 2. and shall hold office under and be governed by such rules as may be prescribed.466 Land Revenue [1964: KAR.—(1) The Deputy Commissioner may. by notification. (2) The Village Accountant shall keep all such registers. prepare all records connected with the affairs of the village.e. Such officers shall be designated 1[Director of Survey Settlement and Land Records]1.e. accounts and other records as may be prescribed under sub-section (1) and he shall.

issue. shall. to any two or more of the offices provided for in this Chapter or to confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers within certain local limits or otherwise as may seem expedient. (2) The fee payable to a Licensed Surveyor shall be as may be prescirbed. in all cases in which the State Government may have a claim on any Revenue Officer or any person formerly employed as such in his district or department for public money or papers or other Government property. 20.f. Demands for money. (2) Such officers shall discharge such duties and be subordinate to such officers as the State Government may direct.]1 1.— (1) 1[The Deputy Commissioner of a District or the Joint Director of Land Records or the Joint Director for Settlement]1 or any officer appointed by such Deputy Commissioner in this behalf. Other Officers. with the prior approval of the State Government and subject to such conditions and restrictions and in such manner as may be prescribed. ACT 12] Land Revenue 467 (2) Subject to the orders of the State Government. a licence to any person (hereinafter referred to as the Licensed Surveyor) possessing the prescribed qualifications and experience. Combination of offices.—The State Government shall. 19. papers..—It shall be lawful for the State Government to appoint one and the same person.—(1) The State Government may appoint such other officers and invest them with such powers as may be necessary to give effect to the provisions of this Act.4. 30. the officers appointed under sub-section (1) shall have the power to take cognizance of all matters connected with survey and settlement and shall exercise all such powers and perform all such duties as may be prescribed by or under this Act or any other law for the time being in force. by notification. who shall use a seal and prescribe the size and description of the seal to be used by such officers. 21. in the hands of a Revenue Officer or other person. Appointment of licensed surveyors. 1 [18A.(1) The Director of Survey Settlement and Land Records may. being otherwise competent according to law. by ..e.1999. Inserted by Act 14 of 1999 w.1964: KAR. 22. etc. specify the Revenue Officers. for the purposes of the third proviso to section 128 and of clause (c) of section 131. Seals.

1.2003.2003. as the case may be.e.f.f. or fails to assign sufficient cause for noncompliance with the demand made as aforesaid. and exercise all such powers with respect thereto as may be lawfully exercised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure. Provided that no person shall be detained in confinement by virtue of such warrant for a period exceeding ninety days. to be confined in the civil jail till he discharges the sums or delivers up the papers or property demanded from him: 1. if such officer or person is or was serving in the Survey and Land Records Department in his district. if the Revenue Officer or other person is or was serving in his Department and district.e. 26. (2) If the Revenue Officer or other person against whom an order is made under sub-section (1) does not pay the money or deliver up the papers or the property as directed.5. and upon the application of the 1[Joint Director of Land Records or the Joint Director for Settlement]1. 1898.5. Recovery of public money or property from revenue officers or other persons. Substituted by Act 21 of 2003 w.5.—(1) The Deputy Commissioner of his own motion. 1[the Deputy Commissioner of the District or the Joint Director of Land Records or the Joint Director for Settlement]1. 26. 23. (a) take proceedings to recover any public moneys due by such officer or person in the same manner and subject to the same rules as are applicable for the recovery of arrears of land revenue from a defaulter.f. may. or to such person at such date and at such place as the order may specify. (2) It shall be the duty of all persons in possession of such public moneys. and (b) issue a search warrant for the purpose of recovering public papers or other property of the State Government. papers or other property of the State Government to make over the same forthwith to the Deputy Commissioner. may cause the Revenue Officer or the other person to be apprehended and may send him with a warrant in the form prescribed. and every person knowing . 26.e. ACT 12 order under his official seal and signature. Substituted by Act 21 of 2003 w.2003. require the money or the papers or property detained by such Revenue Officer or person to be delivered either immediately to the person delivering such order.468 Land Revenue [1964: KAR. 1. Substituted by Act 21 of 2003 w.

or hear.f. no Revenue Officer shall enquire into. and except for reasons to be recorded in writing. Saving of inherent powers of a Revenue Court. be punished with imprisonment which may extend to six months or with fine or with both. CHAPTER III PROCEDURE OF REVENUE OFFICERS 24. 26.e. shall be a Revenue Court.5.2003. Omitted by Act 21 of 2003 w. any case at such place without any such direction or control. (3) Whoever contravenes the provisions of sub-section (2) shall.—Subject to the direction and control of the officer to whom he is subordinate.—A Revenue Officer. or any other law for the time being in force. ACT 12] Land Revenue 469 where any such property is concealed shall be bound to give information of the same to the Deputy Commissioner. 1 Omitted by Act 21 of 2003 w. from his own file or from the file of any other Revenue Officer subordinate to him. not below the rank of a Tahsildar while exercising power under this Act.f. (2) The Deputy Commissioner may transfer any case or class of cases arising under this Act or any other law for the time being in force. from the . to inquire into or to decide any question arising. any case at any place outside the local limits of the jurisdiction: Provided that where the place of headquarters of a Revenue Officer is outside the local limits of his jurisdiction. [(2) xxx]1 1.—Nothing in this Act. Place for holding enquiries or hearing cases.e. for inquiry or decision.—1[(1) xxx]1 1.2003.5. 25. shall be deemed to limit or otherwise affect the inherent power of the Revenue Court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the Revenue Court. Revenue Officers to be Revenue Courts. 26. 26. Power to transfer cases. he may enquire into. for determination between the State Government and any person or between parties to any proceedings. on conviction. 27. to the file of any other Revenue Officer subordinate to him and competent to deal with such cases or class of cases. or hear. (3) A Deputy Commissioner may withdraw any case or class of cases arising under this Act or any other law for the time being in force.1964: KAR.

or if he cannot be found. (2) Any person summoned under sub-section (1) shall be bound to attend either in person or by an authorised agent as directed in the summons: Provided that exemptions under sections 132 and 133 of the Code of Civil Procedure. (2) Every summons shall be served by tendering or delivering a copy of it to the person summoned.2003. (4) Any person summoned merely to produce a document shall be deemed to have complied with the summons by causing the production of such document instead of attending personally to produce the same. 26. (3) Ever person summoned under sub-section (1) either to be examined as a party or to give evidence as a witness shall be bound. Power to take evidence. or to give evidence as a witness.—(1) Every summons shall be in writing. summon persons to give evidence and produce documents. shall be applicable to requisitions for attendance under this section.470 Land Revenue [1964: KAR. for the purpose of any inquiry which such officer is legally empowered to make. either to be examined as a party. if there is no such adult member. ACT 12 file of any Revenue Officer subordinate to him to his own file and deal with such case or class of cases himself. and shall state the purpose for which it is issued and shall be signed by the officer issuing it or by any subordinate officer in the office authorised by him in this behalf and if such officer have a seal.e. shall have the power to take evidence on oath and to summon any person whose attendance he considers necessary. and (ii) to produce such documents as may be required. or to produce documents. to some adult male member of his family residing with him.5.f.— (i) to state the truth upon any subject respecting which he is examined or makes a statement. shall also bear his seal. 1. the service may be effected by affixing a copy of the summons in some . it shall require the person summoned to appear before the said officer at the time and place stated in it and shall specify whether his attendance is required for the purpose of giving evidence or to produce documents or for both. Substituted by Act 21 of 2003 w.—(1) Every Revenue Officer not lower in rank than a Tahsildar or an 1[Assistant Director of Land Records]1 in their respective departments. 28. 1908. 29. in duplicate. Contents of summons and the manner in which it has to be issued and served.

1964: KAR. any endorsement purporting to have been made thereon by the delivery peon or other employee or officer of the Postal Department shall be prima facie evidence of the statements contained in such endorsement. If the postal cover is returned unserved. The postal acknowledgment purporting to contain the signature of the person summoned may be deemed to be prima facie proof of sufficient service of the summons on the person summoned on the day on which it purports to have been signed by him. direct the service of summons by registered post pre-paid for acknowledgment. unless it is otherwise expressly provided. ACT 12] Land Revenue 471 conspicuous part of the house where the person summoned ordinarily resides or last resided.—(1) Every notice under this Act.—In any formal or summary inquiry. 32. fails to . 1908. he shall follow the procedure prescribed by the Code of Civil Procedure. who shall cause it to be served in accordance with sub-section (1). who shall cause it to be served in accordance with sub-section (2). the summons may be sent by post to the Deputy Commissioner of that district. to the person on whom it has to be served or his agent. the notice may be sent by post to the Deputy Commissioner of that district. shall be served by tendering or delivering a copy thereof. a Revenue Court may either on its own motion or on the application of a party. (3) If the ordinary residence of the person summoned be in any other district. if any party desires the attendance of witnesses. if he have any. (3) No notice served under this section shall be deemed void on account of any error in the name or designation of any person referred to therein. Procedure for procuring attendance of witnesses. or by affixing a copy thereof to some conspicuous place on the land. Mode of serving notices. 30. 31. (2) If the person on whom the notice is to be served resides in any other district. either in the first instance or when summons last issued is returned unserved.—(1) If any person on whom a summons to attend as witness or to produce any document has been served. unless such error has caused substantial injustice. Compelling attendance of witnesses and examination of witnesses on commission. for purposes of applying for summonses for witnesses. if any. (4) Notwithstanding anything contained in sub-section (2) or (3). to which such notice refers.

the officer issuing the summons may. or (c) impose upon him a fine not exceeding twenty rupees. the officer by whom the summons has been issued may. by the officer conducting the inquiry and shall be signed by him. the evidence shall be taken down in full.—When a summary inquiry is prescribed for determination of any question by or under this Act or any law for the time being in force. and direct such person to be examined on commission issued to a subordinate officer deputed for the purpose. (b) order him to furnish security for appearance. (2) Notwithstanding anything contained in sub-section (1). the summary of the evidence and a minute of the proceedings containing the . 1908. the officer conducting the inquiry does not take down the evidence himself. he shall cause such evidence to be taken down in full in writing in his presence and hearing and under his personal superintendence and direction. ACT 12 comply with the summons. or on the application of the party whose evidence is desired. as such inquiry proceeds. Formal inquiry. in Kannada or in English or in any other language of the taluk or village as declared by State Government. or from the dictation of such officer. in which case. dispense with the appearance of such person.— (a) issue a bailable warrant of arrest. (3) Every decision or order after a formal inquiry shall contain a full statement of the grounds on which it is made or passed and shall be written and signed by the officer making the decision or passing the order. and such record shall be signed by him. the officer conducting such inquiry shall himself.472 Land Revenue [1964: KAR. Summary inquiry. or any law for the time being in force. record in his own hand. of his own motion. (2) Where on account of physical disability or other reason to be recorded. 34. 33. a certificate to that effect shall be made and signed by such officer in his own hand. in writing in Kannada or English or in any such language as may be prescribed by the State Government for use in the district or part of the district. when the person whose evidence is required is unable from sickness or infirmity to attend or is a person exempted under section 132 or section 133 of the Code of Civil Procedure.—(1) In any formal inquiry prescribed for the determination of any question by or under this Act. from personal appearance before a Court.

to have it set aside on the ground that he was prevented by any sufficient cause from appearing at the hearing and the Revenue Officer may. to conduct an inquiry directed by this Act to be summary. (3) The party against whom any order is passed under sub-section (2) may apply within thirty days from the date of such order or knowledge of the order in case the notice or summons was not duly served. or which any Revenue . 35. 37. as the case may be. Every order passed after hearing shall be signed and pronounced in open court on a day of which due notice shall be given to the parties or their recognised agents: Provided that when neither a party nor his recognised agent is present in court when the order is pronounced. Hearing and decisions to be in public and after notice. and the officer or any authority holding a formal or summary inquiry shall be deemed to be a Civil Court for the purposes of such inquiry. Formal and summary inquiry to be deemed judicial proceedings. shall be in public and the parties or their recognised agents shall have due notice to attend. the case or proceeding may be heard and determined in his absence. set aside the order passed and decide the case on merits.1964: KAR.—(1) Every hearing whether in a formal or summary inquiry. (2) If any party to a case or proceeding.—An inquiry which this Act does not require. or may be dismissed for default. 219 and 228 of the Indian Penal Code. the substance of the order containing the decision shall be communicated by post to such party or his recognised agent. Inquiries other than formal or summary. after a notice to the opposite party who was present on the date on which such order was passed and after making such inquiry as he considers necessary. after due service of a notice or summons on him. the decision and the reasons for the same: Provided that it shall at any time be lawful for the officer. under all or any of the provisions applicable to a formal inquiry. ACT 12] Land Revenue 473 material averment made by the parties interested. whether in a formal or summary inquiry does not appear on the date fixed for hearing. either to be formal or summary. 36. if he deems fit.—A formal or a summary inquiry under this Act shall be deemed to be “judicial proceedings” within the meaning of sections 193.

shall hold a summary inquiry into the facts of the case and. due regard shall be paid to the social and religious sentiments of the occupier. when so directed. when under his observation and control. by removing or deputing a subordinate officer to remove any person who may refuse to vacate the same. as the case may be. without giving such occupier previous notice of not less than seven days and in making such entry. or of any other law for the time being in force. in the following manner. classification of soil. ACT 12 Officer may. as may have been prescribed by the State Government. etc. Power to enter upon any lands or premises for the purposes of measurements.—Whenever it is provided by this Act or any other law for the time being in force that the Deputy Commissioner may or shall evict any person wrongfully in possession of land or where any order to deliver possession of land has been passed against any person under this Act. unless with the consent of the occupier thereof. or assessment or for any other purpose connected with the lawful exercise of his office under the provisions of this Act. and (ii) if such notice is not obeyed. relating to land revenue. subject to such rules.—Whenever necessary. 39. Manner of evicting any person wrongfully in possession of land. any Revenue Officer and. and. the Deputy Commissioner or the Revenue Officer. his servants and workmen. as the case may be. according to the discretion of the officer in such a way as may seem best calculated for the ascertainment of all essential facts and the furtherance of the public good. for the purposes of measurement. whether general or special. if satisfied that the resistance or obstruction was without any just cause and . may enter any land or premises. whether belonging to the State Government or to any other person: Provided that no person shall enter into any building used as a dwelling house or upon any enclosed court or garden attached to a dwelling house. and (iii) if the officer removing any such person is resisted or obstructed by any person. namely:— (i) by serving a notice on the person or persons in possession requiring them within such time as may appear reasonable after receipt of the said notice to vacate the land. shall be conducted according to such rules applicable thereto.474 Land Revenue [1964: KAR. deem to be necessary to make in the execution of his lawful duties. such eviction shall be made or such order shall be executed. on any occasion. 38. fixing or inspecting boundaries.

1973. appoint persons having the qualifications specified in clause (b) of sub-section (2) to be additional members of the Tribunal for such period as the State Government may specify. until a Tribunal is duly constituted in accordance with the provisions of this section.11. be reasonably necessary for securing compliance with the order.e. Substituted by Act 21 of 2003 w. ACT 12] Land Revenue 475 that such resistance and obstruction still continues.1973.e. in the opinion of such officer. (3) If.f.5.e. CHAPTER IV CONSTITUTION AND POWERS OF THE 1[KARNATAKA REVENUE APPELLATE TRIBUNAL]1 1.2003. 1. such steps and use or cause to be used. without prejudice to any proceedings to which such person may be liable under any law for the time being in force for the punishment of such resistance or obstruction.f. Adapted by the Karnataka Adaptations of Laws Order. 1.]1 1. such force as may. 1973 w. (b) five members. by notification. 1973 w. the State Government may. may. 1.1964: KAR. 40. (2) The Tribunal shall consist of the following six members appointed by the State Government. 1.1973. three of whom shall be persons who are District Judges. who shall be an officer of the rank of 1[a Secretary to Government]1.f. Adapted by the Karnataka Adaptations of Laws Order.— (1) The State Government shall. and the others shall be officers having experience in administration of revenue matters not below the rank of a Deputy Commissioner. . 1973 w.f. by reason of any increase in the business of the Tribunal or by reason of arrears of work therein or otherwise. (4) The Mysore Revenue Appellate Tribunal constituted under the 1 [Karnataka]1 Revenue Appellate Tribunal Act. an Appellate Tribunal called the 1[Karnataka Revenue Appellate Tribunal. it appears to the State Government that the number of members of the Tribunal should be for the time being increased. 26.11. Constitution of the Revenue Appellate Tribunal. 1957 (1[Karnataka Act]1 24 of 1957) and functioning as such immediately prior to the commencement of this Act shall continue to function as the Tribunal for the purposes of this Act. and 1. Adapted by the Karnataka Adaptations of Laws Order. constitute for the State of 1[Karnataka]1. namely:— (a) a Chairman.11.e. by notification. take or cause to be taken.

476 Land Revenue [1964: KAR. reference or application is heard by a Bench consisting of two or more members. Sittings of the Tribunal. the appeal. when the matter shall be heard and disposed of by a Bench of two members. revision. including those who first heard it. references or other proceedings: Provided that any person aggrieved by an order of rejection of an appeal or petition may apply for a revision of such order.—(1) The powers of the Tribunal in all matters relating to appeals. reference or application is composed of two members. . of such members: Provided that where the Bench hearing an appeal. revision. (iii) stay orders pending disposal of an appeal. revision. revision. a single member of the Tribunal may exercise the powers of the Tribunal in the following matters. reference or other proceeding: (iv) any matter of an interlocutory character in appeals. they shall state such point. and the case shall then be heard upon that point only by another member of the Tribunal and such point shall be decided according to the opinion of the majority of the members. (2) Notwithstanding anything contained in sub-section (1). if any. namely:— (i) admission of an appeal or revision petition. revision. reference or other proceeding: Provided further that in every Bench there shall be a District Judge and an officer having experience in administration of revenue matters. revisions. and if a Bench consisting of two members so thinks fit.—(1) The headquarters of the Tribunal shall be at Bangalore. shall be exercised by a Bench of two members: Provided that the Chairman of the Tribunal may. revisions and other proceedings. ACT 12 41. reference or application shall be decided in accordance with the opinion of such members or of the majority. and the members composing the Bench differ in opinion on any point material for the decision of the case. 42. shall. Conduct of business of the Tribunal. (3) Where an appeal. (ii) admission of an appeal or revision petition presented after the expiry of the period allowed by law. constitute a full Bench consisting of not less than three members for the hearing of any appeal.

Benches of the Tribunal may. (2) All appellate and revisional powers vested in or exercisable under any law by the Tribunal constituted under the 1[Karnataka]1 Revenue Appellate Tribunal Act.1973.1964: KAR. from time to time and subject to such conditions as may be prescribed. Powers of the Tribunal. 43. Adapted by the Karnataka Adaptations of Laws Order. . confer upon or entrust to the Tribunal any appellate or revisional power or function assigned to the State Government or other authority or officer by or under any law for the time being in force. 1. shall stand transferred to and be exercisable by the Tribunal constituted under section 40 and any reference in any law to the Mysore Board of Revenue or to the Mysore Revenue Appellate Tribunal 1 [or to the Karnataka Revenue Appellate Tribunal]1 shall be construed as a reference to the Tribunal constituted under section 40. Powers of review. review any order passed by itself and pass such orders in reference thereto as it deems necessary: Provided that no such application made by any party thereto shall be entertained unless the Tribunal is satisfied that there has been discovery of new and important matter or evidence which after the exercise of due diligence was not within the knowledge of such party or could not be produced by him at the time when the order was passed or that there has been some mistake or error apparent on the face of the record or that there has been any other sufficient reason: Provided further that. by notification. 1957 (1[Karnataka]1 Act 24 of 1957). reference or revision as are vested in it by or under this Act or any other law for the time being in force. and the Tribunal shall be competent to exercise the powers or discharge the functions so conferred or entrusted. ACT 12] Land Revenue 477 (2) Notwithstanding anything contained in sub-section (1).11.f. have sittings at such places as the Chairman of the Tribunal may specify.e.—(1) The Tribunal shall exercise such powers of appeal. before the commencement of this Act. 1.— (i) no order shall be varied or reversed unless notice has been given to the parties affected. and (ii) no order affecting any question of right between private persons shall be reviewed except on the application of the party affected. 44.—(1) The Tribunal may either on its own motion or on the application of any party affected. 1973 w. (3) The State Government may.

5 and 12 of the Limitation Act. 1898 (Central Act 5 of 1898). do all or any of the following. (b) issue general directions and prescribe forms for regulating the practice and proceedings of such authorities: Provided that such directions and forms shall not be inconsistent with the provisions of any law for the time being in force. namely:— (a) call for returns from the authorities subject to its jurisdiction. may be filed and as to the costs of and incidental to any proceedings before the Tribunal.—(1) The Tribunal shall.—Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the Indian Penal Code and the Tribunal shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure. Power to make regulations. Proceedings of Tribunal to be judicial proceedings.—The Tribunal may. 46. 47. in the absence of any express provision in the relevant enactment. Finality of the orders of the Tribunal. Appeals from original orders. after previous publication and with the previous sanction of the State Government. etc. appeals or applications to the Tribunal. but subject to the provisions of section 44 every decision of the Tribunal shall be final and shall not be called in question in any Court. ACT 12 (2) Every application under sub-section (1) for a review of the order shall be made within a period of ninety days from the date of the order. 48. an appeal shall lie from every original order passed under this Act . 1963. (2) The regulations made under sub-section (1) shall be published in the official Gazette.—Notwithstanding anything contained in any law. Powers of the Tribunal to call for returns. (3) The provisions of sections 4. in respect of matters subject to its appellate or revisional jurisdiction. and the rules made thereunder for regulating generally the practice and procedure of the Tribunal and the disposal of its business including regulations as to the time within which. 45. make regulations consistent with the provisions of this Act.—Save as otherwise expressly provided.478 Land Revenue [1964: KAR. CHAPTER V APPEAL AND REVISION 49. shall apply to an application for review under this section.

7.1975.f.5.7. to the Tribunal.1964: KAR. (h) if such an order is passed by the Director of Survey. 26. 26.1975.e.f. 1908 (Central Act 5 of 1908)]1.f.f.5.1975.e.5. Substituted by Act 21 of 2003 w. Inserted by Act 33 of 1975 w. 26.e. ACT 12] Land Revenue 479 or the rules made thereunder.7.f. Clause (d) omitted by Act 21 of 2003 w. (a) if such an order is passed by a Revenue Officer subordinate to the Assistant Commissioner. 1[and from every order made in exercise of the powers conferred by section 54 of the Code of Civil Procedure.2003. 1. 10. to the Director of Survey.— 1. 26. Inserted by Act 22 of 1976 w. to the Deputy Commissioner. 2. (g) if such an order is passed by the 1[Joint Director of Land Records or Joint Director for Settlement]1.]1 .e.1975. 10. Inserted by Act 33 of 1975 w. to the Joint Director of Land Records or Joint Director for Settlement]1. 1.e. as the case may be.12. (f) if such an order is passed by a Survey Officer of the rank of an 1 [Assistant Director of Land Records or Assistant Director for Settlement.e.2003. (e) if such an order is passed by a 1[Survey Officer below the rank of an Assistant Director of Land Records or Assistant Director for Settlement.5. Clauses (c) to (h) Substituted by Act 33 of 1975 w.f. as the case may be. to the Assistant Director of Land Records or Assistant Director for Settlement]1. Settlement and Land Records. Settlement and Land Records. 1[whether or not invested 2[or delegated]2 with the powers of the Assistant Commissioner or the Deputy Commissioner]1 to the Assistant Commissioner. 24. (b) if such an order is passed by the Assistant Commissioner whether or not invested with the powers of the Deputy Commissioner.f. 1 [(c) if such an order is passed by the Deputy Commissioner. 2 [(d) xxx]2 1. Substituted by Act 21 of 2003 w. 1.2003.2003.e. to the Tribunal. 10. 1. Substituted by Act 21 of 2003 w. 2.f.e.

7. Substituted by Act 21 of 2003 w.—(1) A second appeal shall lie against any order passed in a first appeal under section 49. after the expiry of sixty days from the date of the order appealed against. Settlement and Land Records to the Tribunal. or may direct the officer making the order by himself or by any of his subordinate officers. Limitation of Appeals. to make further inquiry or to take additional evidence on such points as the appellate authority may specify.e. 1 [(b) if such an order is passed by the Deputy Commissioner.— (a) in the case of a first appeal.—Every petition of appeal shall be accompanied by a certified copy of the order appealed from. to the Director of Survey. 2.5.e. 26.480 Land Revenue [1964: KAR. to the Tribunal. (c) if such an order is passed by the 2[Joint Director of Land Records or Joint Director for Settlement]2 or by the 1[Director of Survey]1.e. the provisions of sections 4. 1963 (Central Act 36 of 1963) shall mutatis mutandis apply to all appeals under this Act.]1 1. (2) An order passed on second appeal shall be final.f. 53. Substituted by Act 33 of 1975 w.— (a) if such an order is passed by the Assistant Commissioner. Second Appeal. 54. Substituted by Act 33 of 1975 w.f. (b1) if such an order is passed by the 2[Assistant Director for Settlement or the Assistant Director of Land Records]2. 51. ACT 12 50.7. 26. Powers of appellate authority.2003. for reasons to be recorded in writing either annul.5. Settlement and Land Records.—The appellate authority may. 5 and 12 of the Limitation Act. unless the production of such copy is dispensed with by the appellate authority. to the Deputy Commissioner.f. 10.—Save as otherwise provided in this Act. Substituted by Act 21 of 2003 w. 52.e.f. 1. 10. reverse. or .2003.1975.1975. Application of the Limitation Act. Copy of the order to accompany petition of appeal. 2. and (b) in the case of a second appeal. after the expiry of ninety days from the date of the order appealed against.— No appeal shall lie. modify or confirm the order appealed from.

as to the legality or propriety of the proceedings of such officer. may at any time before the expiry of the period prescribed for appeal.— (a) the Revenue Officer from whose order the appeal is preferred has refused to admit evidence which ought to have been admitted.1975. direct that the execution of the order appealed from. .—(1) The Tribunal. (3) No order directing the stay of execution of any order shall be passed except in accordance with the provisions of this section. unless. and any Survey Officer not inferior in rank to a 1[Deputy Director of Land Records]1 or an Assistant Settlement Officer in their respective departments. at any time. 55. or till the decision of the appeal.—(1) A Revenue Officer who has passed an order or his successor in office. as the case may be.f. ACT 12] Land Revenue 481 the appellate authority may itself make such inquiry or take such additional evidence: Provided that no additional evidence. Omitted by Act 33 of 1975 w.7. 1. Stay of execution of orders. 1908 (Central Act 5 of 1908)]1 for the purpose of satisfying itself or himself.7. direct the execution of such order to be stayed for such time as may be requisite for filing the appeal and obtaining a stay order from the appellate authority. be stayed for such time as it may think fit. may call for and examine the record of any inquiry or the proceedings of any subordinate officer under this Act 1[or under section 54 of the Code of Civil Procedure. 10. Power of Revision.1975. (2) The appellate authority may.e. 10. such authority shall record the reason for its admission.1964: KAR. by an appellate authority. or (c) for any substantial cause the appellate authority allows such evidence or document to be produced or witness to be examined: Provided further that when additional evidence is allowed to be produced. or (b) the appellate authority requires any document to be produced or any witness to be examined to enable it to pronounce orders. cancel or vary such order made directing stay.e. 1 Inserted by Act 33 of 1975 w. whichever is earlier and may on sufficient cause being shown. 56.f. any Revenue Officer not inferior in rank to an Assistant Commissioner. whether oral or documentary shall be directed to be taken. [Proviso x x x]1 1.

f. 10.—Whenever in this Act it is declared that an order of a revenue officer shall be final. Orders expressly made final under the act.1969 and omitted by Act 33 of 1975 as amended by Act 22 of 2000 w.e.]1 1. annulled. any period during which any proceeding under this section is stayed by an order or an injunction by any court shall be excluded.e.f. (2) If.f. 1 [(1A) x x x] 1. ACT 12 [Explanation. Omitted by Act 33 of 1975 w. Inserted by Act 5 of 1970 w.e.1975. 1 [(3) No application for revision under this section and no power of revision on such application shall be exercised against any order in respect of which an appeal under this Chapter has been preferred and no application for revision shall be entertained unless such application is presented within a period of four months from the date of such order: Provided that any Revenue Officer or Survey Officer referred to in subsection (1) may exercise power under this section in respect of any order against which no appeal has been preferred under this Chapter.7. annul or reverse any such order under the provisions of section 56. that any decision or order or proceedings so called for should be modified.— (i) Special Deputy Commissioner shall be deemed to be not subordinate to the Deputy Commissioner.]1 1. it shall appear to the Tribunal 1[x x x]1 or to such officer aforesaid. Explanation. such expression shall be deemed to mean that no appeal lies from such order. or reversed unless notice has been served on the parties interested and opportunity given to them of being heard.7.1975. 23.—In computing the period of limitation for the purpose of this sub-section.—For the purposes of this sub-section. 57. 10. in any case.7. Provided that no order shall be modified.482 1 Land Revenue [1964: KAR. 10. annulled. 1 Substituted by Act 33 of 1975 w.f.e. 10. and (ii) all revenue officers shall be deemed to be subordinate to the Tribunal.f. Substituted by Act 33 of 1975 w.e. .1975.10. The Tribunal alone shall be competent to modify. or reversed.7.1975. the Tribunal 1[x x x]1 or such officer may pass such order as may be deemed fit: 1. at any time within three years from the date of the order sought to be revised.

by or under this Act. (2) Subject to the exceptions hereinafter specified. rate or other impost payable under the provisions of any law for the time being in force. 59. decide or dispose of and no Civil Court shall exercise jurisdiction as to any of such matters. omission or irregularity has. 61.—In this Chapter.—No order passed by a Revenue Officer shall be reversed or altered in appeal or revision on account of an error. . (b) ‘land revenue’ means all sums and payments in money or in kind received or claimable by. or any other law for the time being in force. fruit upon. Amendment of orders. unless the context otherwise requires. Substituted by Act 9 of 1965 w. or vested in.—Clerical or arithmetical mistakes in orders arising therein from any accidental slip or omission may at any time be corrected by the Revenue Officer passing the order or by any of his successors in office. proclamation. growing crops and grass. decide or dispose of. trees. unless such error. warrant or order or any other proceedings under this Act.1964. any matter which it is. in fact. notice. a Revenue Court shall have jurisdiction to determine. 1[and includes any tax]1 cess.e.—(1) Save as otherwise provided in this Act. omission. empowered to determine.f. trees. 1.— (a) ‘land’ includes the sites of villages. rights of way. towns and cities. no Civil Court shall exercise jurisdiction as to any of the following matters. occasioned a failure of justice. or irregularity in the summons. CHAPTER VI REVENUE JURISDICTION 60. Orders not reversible by reason of error or irregularity not occasioning failure of justice. Exclusive Jurisdiction of Revenue Courts and bar of jurisdiction of Civil Courts. 1. either on his own motion or on the application of any of the parties concerned: Provided that no such correction shall be made without giving a reasonable opportunity to the parties to be heard. namely:— (a) claims against the Government relating to any property appertaining to any office or for any service whatsoever.1964: KAR. or on behalf of Government from any person on account of land held by. ferries and fisheries. him.4. ACT 12] Land Revenue 483 58. Definitions. and juice in.

— . on account of irregularity. (c) claims connected with or arising out of any proceedings for the realisation of land revenue or other demands recoverable as arrears of land revenue under this Act. or to set aside any order passed by a competent officer under any such law with regard to boundary marks or survey marks: Provided that if any person claims to hold land wholly or partially exempt from payment of revenue under. or (iii) to set aside any cess or rate payable under the provisions of any law for the time being in force. except fraud. (ii) to have any entry made in any record of a revenue survey or settlement. or (ii) to the mode of assessment or levy.— (i) to hold land wholly or partly free from payment of land revenue. or to the principle on which such assessment or levy is fixed. or any other ground. (d) claims to set aside. or any other law for the time being in force. mistake. or (iv) respecting the occupation of waste or vacant land belonging to Government.— (i) to be entered in the revenue survey or settlement records or any land record as liable for the revenue or as superior holder. (f) the distribution of land or allotment of land revenue on partition of any estate under this Act or any other law for the time being in force. or (iii) to the validity or effect of the notification of survey or settlement. mortgagee. (g) claims against the Government. sales for arrears of land revenue. or (ii) to receive payments charged on or payable out of the land revenue. or (iii) to have any such entry either omitted or amended.— (i) to the amount or incidence of any assessment of land revenue under this Act. (e) claims against the Government. occupant. (h) claims regarding boundaries fixed under this Act or under any other law for the time being in force. ACT 12 (b) objections. landlord or tenant.484 Land Revenue [1964: KAR. inferior holder.

namely:— (a) suits against the State Government to contest the amount claimed or paid under protest. Power of Tribunal to refer questions for decision of High Court. 62.1964: KAR. or recovered as land revenue on the ground that such amount is in excess of the amount authorised in that behalf by the State Government or that such amount had previous to such claim. or of any class of persons. it was possible to present.—Nothing in section 61 shall be held to prevent the Civil Courts from entertaining any of the following suits. 64. 63. Plaintiff to exhaust his right of appeal before instituting a suit or other proceeding against Government. he has presented all such appeals allowed by the law for the time being in force as. although it may be affected by any entry in any land record. or expressly confirming such an exemption on the ground of its being shown in a public record. might have been entertained and disposed of by a Civil Court. there arises any question on which the Tribunal whether suo motu or on the application of the party interested. desires to have the decision of the High Court.—No Civil Court shall entertain any suit or other proceeding against the State Government on account of any act or omission of the State Government or any Revenue Officer. payment or recovery been satisfied in whole or in part or that the plaintiff or the person whom he represents is not the person liable for such amount. the . (b) suits between private parties for the purpose of establishing any private right. ACT 12] Land Revenue 485 (a) any law for the time being in force expressly creating an exemption not before existing in favour of an individual. within the period of limitation allowed for bringing such suit or proceeding. but for the provision of this Chapter. or (b) any written grant from the Government expressly creating or confirming such exemption. Savings of certain suits.—(1) If. (c) suits between private parties for possession of any land being a whole survey number or sub-division of a survey number or a part thereof. unless the plaintiff first proves that previously to the institution of the suit or other proceeding. or in any appeal or other proceeding against the order passed in such case. in any case which. or of its having existed for a specified term of years. -such claim shall be cognizable by a Civil Court.

if any. (4) If the High Court considers that any statement referred to under subsection (1) is imperfectly framed. bridges. CHAPTER VII LAND AND LAND REVENUE Land 67. on or beside the same. ACT 12 Tribunal may cause a statement of the question to be prepared and may refer such question for the decision of the High Court.. be final. streams. Composition of Bench. (2) The High Court may order the Judge making the reference. in any suit instituted or in any appeal presented in a Civil Court. and all lands which are not the property of others belong to the Government. and cause notice of such day to be placed in the Court House. consequent on any such reference shall be dealt with as the High Court in each case directs. and all lands wherever situated which are not . dikes and fences. streets. the Judge doubts whether he is precluded by this Chapter from entertaining and disposing of the suit or appeal. (2) The High Court shall fix an early day for the hearing of the question referred. Public roads. Power of Civil Court to refer questions of jurisdiction to High Court. 65. lanes and paths. lakes and tanks and all canals and water-courses and all standing and flowing waters. when it has heard and considered the case. 66. either to proceed with the case or to return the plaint. to the Supreme Court. (3) The order of the High Court on any such reference shall subject to appeal. the High Court may return it for amendment.—(1) All public roads. nallas. if any. etc. the bed of the sea and of harbours and creeks below high water mark and of rivers. he may refer the matter to the High Court. shall send a copy of its decision with the reasons therefor under the seal of the Court to the Tribunal and subject to any appeal that may be presented to the Supreme Court.486 Land Revenue [1964: KAR. the case shall be disposed of conformably to such decision.—(1) If. ditches.—Every reference under section 64 or section 65 shall be heard by a Bench consisting of not less than two judges of the High Court. The parties to the case may appear and be heard by the High Court in person or by their Advocates. (3) The High Court. (5) The costs.

and except in so far as any rights of such persons may be established. in or over such road. in or over the same. street. as the case may be. lane or path not required for use of public. as soon as possible cause public notice of such declaration to be given at convenient places on. such road. or path which is the property of the State Government. Extinction of rights of public and individuals in or over any public road. is not required for the use of the public. it shall be lawful for the Deputy Commissioner or a Survey Officer not lower in rank than a Deputy Commissioner. or having any other interest or right which is likely to be adversely affected by the proposal may. On the publication of such notification. (2) Where any property or any right in or over any property is claimed by or on behalf of the State Government or by any person as against the State Government. by notification. or part thereof. lane or path. the situation and limits of such road. within ninety days after the issue of the notification. or in the vicinity of. (3) Any person aggrieved by an order made under sub-section (2) or in appeal or revision therefrom may institute a civil suit contesting the order within a period of one year from the date of such order and the final decision in the civil suit shall be binding on the parties. Such declaration and notice shall specify. in addition to the right of public high-way. make a declaration to such effect. 68. and except as may be otherwise provided in any law for the time being in force. lane. street. the Deputy Commissioner. (2) Any member of the public or any person having any interest or right. lane or path or part thereof. after formal inquiry to pass an order deciding the claim. the State Government may.—(1) Whenever it appears to the State Government that the whole or any part of any public road. street. stating in such declaration that it is proposed that the rights of the public as well as of all persons in or over any such road. state to the Deputy Commissioner . as the case may be. “high-water mark” means the highest point reached by ordinary spring tides at any season of the year.—In this section. or part thereof. ACT 12] Land Revenue 487 the property of individuals or of aggregate of persons legally capable of holding property. shall. as far as practicable. street. shall be extinguished. and shall invite objections to the aforesaid proposal. lane or path or part thereof. lane or path. street.1964: KAR. under sub-section (1). the property of the State Government. Explanation. are and are hereby declared to be with all rights in or over the same or appertaining thereto. street.

containing his recommendations on the objections. an opportunity of being heard either in person or by pleader and shall. if any. street. a declaration shall be published in the official Gazette that all rights of the public as well as of all persons in or over such road. ACT 12 in writing his objections to the proposal. or part thereof. 1894 (Central Act I of 1894) shall. which. if any. the nature of his interest or right and the manner in which it is likely to be adversely affected and the amount and particulars of his claim to compensation for such interest or right: Provided that the Deputy Commissioner may allow any person to make such statement after the period of ninety days after the issue of the notification under sub-section (1). and all such rights shall thereupon be extinguished. (3) The Deputy Commissioner shall give every person who has made a statement to him under sub-section (2). are payable to any person. 10 and 11 of the Land Acquisition Act. lane or path. which should. in his opinion. in his opinion. and payment shall be made by the Deputy Commissioner to such persons accordingly. and such road. regarding the amount of compensation and the person to whom such compensation.488 Land Revenue [1964: KAR. is payable. as he thinks necessary. lane or path. shall be at the disposal of the State Government with effect from the date of such declaration. apply to the proceedings held by the Deputy Commissioner under this sub-section. made under sub-section (4) that the public road. subject to such appeals or revision as are allowed under Chapter V. if any. street. lane. (4) The Deputy Commissioner shall submit to the State Government the record of the proceedings held by him with the report. shall be final. be given in any case in respect of any substantial loss or damage likely to be caused by the proposed extinction of the rights of the public as well as of persons as aforesaid. determine the amount of compensation. received by him stating the amount of compensation. if any. are extinguished. street. or path. after hearing all such persons in such manner and after making such further enquiry. specified in the notification under sub-section (1) is not required for the use of the public. or part thereof. . if any. if he is satisfied that such person had sufficient cause for not making it within the said period. if any. The provisions of sections 9. (5) If the State Government is satisfied after considering the record of the proceedings and the report. or part thereof. (6) The decision of the Deputy Commissioner. so far as may be.

e. 2[xxx]2. which are the property of the State Government and not in the lawful occupation of any person or aggregate of persons in any village or portions of a village. minerals and mineral products. ACT 12] 1 Land Revenue 489 [69. Omitted by Act 21 of 2003 w. for purposes of agriculture. Survey Officers. whilst survey operations are proceeding under this Act. by or on behalf of the Government for the time being.2003. the State Government.5. by the State . Substituted by Act 20 of 1993 w. the right to mines.— 1 [Notwithstanding anything contained in]1 any law in force before the commencement of this Act or under the terms of any grant made or of any other instrument of transfer executed. the Deputy Commissioner. shall not be otherwise used without sanction of the Deputy Commissioner. may set apart lands.1969. Substituted by Act 5 of 1970 w. 1957 (Central Act No. Right to mines and mineral products to vest in Government.]1 1.—The right of grazing on free pasturage lands shall extend only to the cattle of the village or villages to which such lands belong or have been assigned. 26. shall vest absolutely in the State Government and the State Government shall. have all the powers necessary for the proper enjoyment or disposal of such rights.1964: KAR. 72. Regulation of use of pasturage. the Assistant Commissioner in-charge of a Taluk or Taluks and the Tahsildar.e.f. subject to the provisions of the Mines and Minerals (Regulation and Development) Act.f.f.—Subject to the general orders of the State Government. and at any other time. 1. 67 of 1957). and shall be regulated by rules or orders made generally or in any particular instance. for forest reserves or for any other public purpose. the Deputy Commissioner.1964. 1. and lands assigned specially for any such purpose shall not be otherwise used without the sanction of the Deputy Commissioner.4. may dispose of land or other property belonging to the State Government under section 67 or otherwise.—Subject to such rules as may be made in this behalf.e. for free pasturage for the village cattle. Disposal of lands or other property belonging to State Government under section 67.10. industry or any public utility and subject to the provisions of Chapter XII for the construction of buildings. 70. and in the disposal of lands under section 69 due regard shall be had to all such special assignments. 71. 23. Lands may be assigned for special purposes and when assigned. 2.

shall be deemed to vest in the occupant. if the original survey settlement shall be completed after the passing of this Act. ACT 12 Government. Right to trees in villages to which survey settlement has not been introduced. 75.10. the right of the State Government to all trees in any land shall be deemed to be conceded to the occupant of such land except in so far as any such rights may be reserved by the State Government at or about the time of such settlement or generally by notification made and published at any time . whether the work of such settlement was undertaken before or after the passing of this Act. 1. 23. any natural product shall be liable to the State Government for the value thereof which shall be recoverable from him as an arrear of land revenue. 74. to which survey settlement has been introduced. in addition to any penalty to which he may be liable under this Act for such unauthorised removal. The decision for the Deputy Commissioner in any case of dispute as to the said right of grazing shall be final.e.—In any village or portions of a village to which survey settlement has not been introduced under this Act or under any of the Acts repealed by this Act.f. the right to all tees. whether by express order made at or about the time of such settlement or by notification made and published at or any time after such settlement shall be deemed to have been conceded to the occupant. Right to trees in villages.—(1) In any village or portions of a village if the original survey settlement has been completed before the commencement of this Act. (2) In any village or portion of village.1969. if any. except when such tress are the property of the State Government. except trees reserved by the State Government or by any Survey Officer. the right of the State Government to all trees in any land. (2) The decision of the 1[Tahsildar]1 as to the value of any such natural product shall be final. of the land upon which they may be standing. Substituted by Act 5 of 1970 w. except such as are reserved by the Government under any law for the time being in force.—(1) Any person who shall unauthorisedly remove from any land which is set apart for a special purpose or from any land which is the property of Government. and notwithstanding any criminal proceedings which may be instituted against him in respect of such unauthorised removal. 73. Recovery of value of natural product unauthorisedly removed from certain lands.490 Land Revenue [1964: KAR.

or which may not have been reserved under any of the foregoing provisions of this section. etc. at or about the time of the original survey settlement of the said village or portion of a village.—The rights to all trees specially reserved under the provisions of section 75 and to all trees. Road-side trees. 77. in addition to any .f. 1. or which shall not hereafter be. vest in the State Government. 23. or being cut down by order of the 1[Tahsildar]1. and the usufruct including the loppings of such trees shall also vest in the said holder: Provided that the trees shall not be lopped except under the orders of the 1 [Tahsildar]1. in which such land is situate. brush-wood. ACT 12] Land Revenue 491 previous to the completion of the survey settlement of such village or portion of a village. jungle or other natural product shall be preserved or disposed of in such manner as the State Government may from time to time direct. 76. and such trees.1964: KAR. Trees and forests vesting in the Government. but in the event of such trees dying. except in so far as the same may be the property of any person or of aggregate of persons capable of holding property..10.1969.— (1) Any person who shall unauthorisedly fell and appropriate any tree or any portion thereof or remove from his holdings any other natural product. or being blown down. wherever growing. jungle or other natural product. shall be liable to the State Government for the value thereof. unauthorisedly appropriated. (3) When permission to occupy land has been or shall hereafter be granted after the completion of the survey settlement of a village or portion of a village. belonging to the State Government. Recovery of value of trees. Substituted by Act 5 of 1970 w. whether of the like description or not. brush-wood. vest in the State Government. expressly reserved at the time of granting such permission. which shall be recoverable from him as an arrear of land revenue.e. the timber shall become the property of the holder of the land in which they were growing. the said permission shall be deemed to include the concession of the right of the State Government to all trees growing on that land which may not have been. 78. which is the property of Government.—All road-side trees on lands held by any person which have been planted and reared by or under the orders of and at the expense of the State Government and all trees which have been planted and reared at the expense of any local authority by the side of any road.

Jamma and Bane in Coorg District and 1[Motasthal wet lands]1 in 2[Gulbarga Area]2 shall continue. or by orders to be made either generally or in any particular instance by the Deputy Commissioner or by such other officer as the State Government may direct. In any case of dispute as to the mode or time of exercising such privileges.11. Betta lands and Hadi lands in North Kanara District. the decision of the Deputy Commissioner or of such officer shall be final. 1.f. 1.10. whether applied to agricultural or other purposes and wherever situate. 1973 w. shall be final. the exercise of the said privileges shall be regulated by such rules as may be prescribed.f. except such as may be wholly . ACT 12 penalty to which he may be liable under the provisions of this Act. 80.1964. Regulation of supply of firewood and timber for domestic or other purposes. All land liable to pay land revenue. the privileges that are being enjoyed either by custom or under any order such as privileges in respect of Kumki lands. for the occupation of the land or otherwise: and notwithstanding any criminal proceedings which may be instituted against him in respect of the said appropriation of Government property.4.1973. 1.e.e. (2) Notwithstanding anything contained in sub-section (1) but subject to such general or special orders that may be issued by the State Government from time to time.e. unless specially exempted. 79. is liable to the payment of land revenue to the State Government according to the provisions of this Act.—(1) In any village or land in which the rights of the State Government to the trees have been reserved under section 75 subject to certain privileges of the villagers or of certain classes of persons to cut firewood or timber for domestic or other purposes and in any land which has been set apart under section 71 for forest reserve subject to such privileges. 1.1969. and in all other cases in which such privileges exist in respect of any alienated land. Adapted by the Karnataka Adaptations of Laws Order.f. Land Revenue.— All land. Bane lands and Kane lands in South Kanara District. Kan and Soppina Betta lands in Mysore Area. Substituted by Act 5 of 1970 w.492 Land Revenue [1964: KAR. 23. Substituted by Act 9 of 1965 w. (2) The decision of the 1[Tahsildar]1 as to the value of any such tree or portion thereof or other natural product. 2.

by notification or order and subject to such conditions if any. subject to such rules as may be prescribed.1964: KAR. the land revenue leviable on any land under this Act. not being less than half an acre in extent. such land shall. unless and until the area of the same exceeds one acre. be liable to the payment of land revenue at such rates and subject to such rules as may be prescribed in this behalf.—(1) Notwithstanding any law. for reasons to be recorded in writing.f. custom or usage to the contrary all alluvial lands. newly formed islands. Manner of assessment. (2) If any land held or used for any purpose other than agriculture be diverted or used for the purpose of agriculture. (2) No land revenue shall be leviable in respect of any alluvial lands. island or riverbed shall be at the disposal of the Deputy Commissioner. to a decrease of assessment. but the holder or occupant of the bank or shore on which such alluvial land is formed. Proviso inserted by Act 10 of 1985 w.—Every holder of land paying land revenue in respect thereof shall be entitled. 1 [Provided that the State Government may.e. if any portion thereof. is lost by diluvion.4. abandoned river-beds. with reference to the use of the land for the purpose of agriculture. as for land used for the purpose of agriculture. commutation of non-agricultural assessment and prohibition of use of land for certain purposes. as may be specified therein. 82. shall vest in the State Government. shall be entitled to the temporary use thereof. exempt either prospectively or retrospectively any class of lands in any area or areas or any part thereof from the payment of land revenue.]1 1. Remission of assessment in cases of diluvion. notwithstanding that it was exempt from assessment or was assessed with reference to any purpose other than agriculture. .1964. 83.—(1) Save as otherwise provided by or under this Act. ACT 12] Land Revenue 493 exempted under the provisions of any special contract with the Government or any provision of this Act or any other law for the time being in force. 1. shall be assessed or shall be deemed to have been assessed. subject to the provisions of section 92. in which case such land. 81. Alluvial land and its liability to land revenue. newly formed islands or abandoned river-beds during the period of temporary use under sub-section (1).

assessment payable annually was leviable or has been levied by or under any enactment or law in force before the commencement of this Act. regard shall be had in the fixing of the assessment and the levy of the revenue to all rights legally subsisting according to the nature of the said rights: . ACT 12 (3) Land revenue leviable on any land and assessed or deemed to be assessed under any enactment or law in force before the commencement of this Act. in accordance with such rules as may be prescribed. prohibit the use for certain purposes of any land liable to the payment of land revenue and may summarily evict any holder or other person who uses or attempts to use the same for any such prohibited purpose. (4) Where in respect of any land used for any purpose other than agriculture. 1. or the liability of which to the payment of land revenue is subject to special conditions or restrictions. Assessment by whom to be fixed.—(1) On all lands which are not wholly exempt from the payment of land revenue. be commuted by payment to the State Government of an amount equal to five times the amount of such annual assessment.e. shall. 23. continue to be levied at such rate at which it was levied or was leviable as at the commencement of this Act. 84. (5) The 1[Tahsildar]1 or a Survey Officer may. be fixed by the Deputy Commissioner.494 Land Revenue [1964: KAR. Substituted by Act 5 of 1970 w. shall. by general or special order. or (c) for any other non-agricultural purpose. and the amounts due according to such assessment shall be levied on all such lands: Provided that in the case of lands partially exempt from land revenue. unless such assessment is commuted in accordance with the provisions of sub-section (4). with reference to the use of that land. and on which assessment has not been fixed under the provisions of Chapter X.— (a) for purpose of dwelling houses.f.1969. for such period not exceeding the maximum prescribed as the State Government may. the assessment of the amount to be paid as land revenue. and on such commutation such land shall be exempt from such annual assessment. notwithstanding anything contained in this Act.10. subject to such rules as may be prescribed in this behalf. such assessment may. (b) for industrial or commercial purposes. specify. subject to such rules as may be made by the State Government in this behalf.

by general or special order. 85. Register of alienated lands. failure in payment of which shall make the occupancy or the holding together with all rights of the occupant or holder over all trees. and shall be deemed to be as valid a proof of title as the said sannad. buildings and things attached to the land or permanently fastened to anything attached to the land. of all lands the alienation of which has been established or recognised under the provisions of any law for the time being in force. with effect from the date on which such land ceased to be so exempt or any subsequent date. subject to the rules and the payment of such fees as may be prescribed. ACT 12] Land Revenue 495 Provided further that where any land which was wholly or partially exempt from payment of land revenue has ceased to be so exempt. 86.10. under the provisions of this Act. specify. Substituted by Act 5 of 1970 w. he may.—The settlement of the assessment of each portion of land or survey number to the land revenue shall be made with the person who. . grant to any person whom he may deem entitled to the same. 23. the Deputy Commissioner may from time to time revise the same in accordance with the rules made in this behalf by the State Government.]1 1. it shall be lawful for the Deputy Commissioner to fix the assessment of the amount to be paid as land revenue for such land. as he may deem fit. a certified extract from the said register which shall be endorsed by the Deputy Commissioner to the effect that it has been issued in lieu of the sannad said to have been lost or destroyed.f.—(1) Arrears of land revenue due on account of the land by any land holder shall be a paramount charge on the holding and every part thereof. (2) After the expiry of the period for which the assessment of any land is fixed under sub-section (1). Settlement of assessment with whom to be made. The assessment so revised shall be fixed each time for such period not exceeding the maximum prescribed as the State Government may. 87. liable to forfeiture and an order in this behalf may be made by the 1 [Tahsildar.1969.1964: KAR. crops. Land Revenue to be a paramount charge on the land. and when it shall be shown to the satisfaction of the Deputy Commissioner that a sannad granted in relation to any such alienated lands has been permanently lost or destroyed.—A register shall be kept by the Deputy Commissioner in such form as may.e. from time to time. be prescribed by the Government. is primarily responsible to the State Government for the same.

23. Receipts. levy all sums in arrears. shall.e.e. in the event of the forfeiture of the holding through any default in payment or other failure occasioning such forfeiture under section 87 or any law for the time being in force. unless the 1[Tahsildar]1 otherwise directs. 90.1969. be deemed to be freed from all tenures. the [Tahsildar]1 may. by sale of the occupancy or the holding or otherwise dispose of such occupancy or holding under rules made by the State Government in this behalf.—(1) Every Revenue Officer receiving payment of land revenue shall. 1. whether by sale as aforesaid or otherwise under rules referred to in sub-section (2) except by restoration to the defaulter. 23. give in the prescribed form a written receipt for the same. 1.f. when disposed of. .f. give in the prescribed form to such inferior holder a written receipt for the same.e. 23. 1 1. 88.1969. at the time when such payment is received by him.f.10. at the time when such sum is received by him. encumbrances and equities therefor created by the occupant or holder or any of his predecessors in title in favour of any person other than the Government or in any way subsisting against such occupant or holder. but so as not to affect the rights of kadim tenants or permanent tenants in alienated holdings in respect of such occupancy or holding.1969. Penalty for failure to grant receipts. (3) Such occupancy or holding. after summary enquiry before the Deputy Commissioner. subject to the provisions of section 163. Substituted by Act 5 of 1970 w.10.496 Land Revenue [1964: KAR. 89. (2) Every superior holder who is entitled to receive direct from an inferior holder any sum due on account of the rent or land revenue shall.—Any person contravening the provisions of section 89 shall.—The 1[Tahsildar]1 may. Forfeited holdings may be taken possession of and otherwise disposed. rights.10. Substituted by Act 5 of 1970 w. be liable to pay as fine such amount as the Deputy Commissioner may specify. Substituted by Act 5 of 1970 w. ACT 12 (2) On the making of an order of forfeiture under sub-section (1). not exceeding three times the amount received for which a receipt was not duly granted. take immediate possession of such holding and dispose of the same by placing it in the possession of the purchaser or other person entitled to hold it according to the provisions of this Act or any other law for the time being in force.

Construction of Water Course through land belonging to other persons. he may by order in writing direct the neighbouring holder to permit the applicant to construct the water course subject to the following conditions. as directed by the Tahsildar so as to cause as little damage to the land through which it is constructed. the channel shall not exceed five feet in width.e.1964: KAR. the pipes shall be laid at a depth of not less than two feet from the surface of the land. it is necessary to construct the water course. (2) On receipt of the application. or is in possession of.—For the purposes of this Chapter “Co-operative farm” means a co-operative farm as defined in the Karnataka Land Reforms Act.—(1) If the State Government or a co-operative farm or any person (hereinafter in this chapter called the applicant).1986. (b) where the water course consists of pipes. (c) where the water course is a water channel.5. another person (hereinafter in this Chapter called the neighbouring holder). if the Tahsildar after making an inquiry and after giving to the neighbouring holder and all other persons interested in the land an opportunity of stating any objection to the application. but such water course is to be constructed through any land which belongs to. 90A. CONSTRUCTION OF WATER COURSE THROUGH LAND OF ANOTHER. 13. namely:— (a) the water course shall be constructed through such land in such direction and manner as is agreed upon by the parties or failing such agreement. Inserted by Act 20 of 1986 w. the person desiring to construct the water course may make an application in the prescribed form to the Tahsildar. ACT 12] 1 Land Revenue 497 [CHAPTER VIIA 1. Explanation.— . 1961 (Karnataka Act 10 of 1962) and “neighbouring holder” shall include any person to whom the land belongs and all persons holding through or under him. as may be possible. and if no private agreement is arrived at for such construction between the applicant and the neighbouring holder. desires to construct a water course to take water for the purpose of agriculture from a source of water to which he or the State Government or such farm is entitled.f. is satisfied that for ensuring the full and efficient use for agriculture of the land belonging to the applicant. (d) the applicant shall pay to the neighbouring holder.

(b) fails to maintain the water course in good condition and fit state of repairs. (g) such other conditions as may be prescribed or as the Tahsildar may think fit to impose. 90B. ACT 12 (i) such compensation for any damage caused to such land by reason of the construction of the water course injuriously affecting such land. (3) An order made under sub-section (2) shall direct how the amount of compensation shall be apportioned among.498 Land Revenue [1964: KAR. (2) In the event of removal or discontinuance of such water course. If he fails to do so. 90C. Failure to pay rent and to keep water course in good repair.—If the applicant in whose favour an order under sub-section (2) of section 90A was made. . the neighbouring holder and all other persons interested in the land. (e) the applicant shall maintain the water course in a good condition and a fit state of repairs. the person taking the water shall fill in and restore the land to its original condition at his own cost with the least practicable delay. he may do so after giving notice to the Tahsildar and the neighbouring holder.— (a) fails to pay the amount of compensation or the amount of the rent. and (ii) such annual rent. Removal or discontinuance of water course.—(1) If a person intends to remove or discontinue the water course constructed under the authority conferred on him under section 90A. (f) the applicant shall within the prescribed period execute an agreement in the prescribed form in favour of the neighbouring holder. (4) Any order made under sub-section (2) shall after the applicant executes an agreement as required under clause (f) of sub-section (2) be a complete authority to him or to any agent or other person employed by him for the purpose to enter upon the land specified in the order with assistants or workmen and to do all such work as may be necessary for the construction of the water course and for repairing or maintaining the same. it shall be recovered as an arrear of land revenue on an application made to the Tahsildar by the person entitled thereto. as the Tahsildar may decide to be reasonable. he shall be liable to pay such compensation as may be determined by the Tahsildar for any damage caused on account of such failure.

and such rules as may be made by the State Government in this behalf. 94. Permission for taking up unoccupied land.—Subject to such rules as may be made by the State Government in this behalf. Grant of alluvial land vested in Government. (2) The price of the land so offered shall not exceed three times the annual assessment thereof. 93. of the bank or shore on which such alluvial land has formed. if any. the Deputy Commissioner may require the payment of a price for unalienated land or sell the same by auction and annex such conditions to the grant as he may deem fit before permission to occupy such land is given under section 93. for such land shall include the price of the Government’s right to all trees not specially reserved under the provisions of section 75.—(1) No person shall take up an unoccupied land which is not alienated unless he has obtained. 92. USE AND RELINQUISHMENT OF UNALIENATED LAND 91. and shall be recoverable as an arrear of land revenue. the Tahsildar may grant to any person desirous of taking up an unoccupied land the permission required under sub-section (1). who uses or occupies any such land to the use or occupation of which he is not entitled or has ceased to be entitled.]1 CHAPTER VIII GRANT. The price. with due regard to the interests of the public revenue. Unoccupied land may be granted on conditions. before entering upon such occupation. Penalties for unauthorised occupation of land.—(1) When it appears to the Deputy Commissioner that any alluvial land. (3) If the said holder or occupant shall refuse the offer.1964: KAR. the permission in writing of the Tahsildar of the taluk in which such land is situated. (2) Subject to the provisions of section 91. ACT 12] Land Revenue 499 the neighbouring holder may apply to the Tahsildar who shall require such person to fill in and restore the land to its original condition. shall pay . if any. he shall offer such land to the holder or occupant.—(1) Any person who shall unauthorisedly enter upon the occupation of any land set apart for any special purpose or any unoccupied land which has not been alienated and any person. which vests under section 81 in the State Government may. the Deputy Commissioner may dispose of the land under section 91 without any restrictions as to the price thereof. be disposed of.

500 Land Revenue [1964: KAR. the State Government shall. and shall also be liable. 1.1991 by notification. Text of the notification is at the end of the Act. Adapted by the Karnataka Adaptations of Laws Order.e. as the Deputy Commissioner may direct and the cost of the removal of any encroachment under this section shall be recoverable as an arrear of land revenue. 1 [94A.f. Regularisation of certain cases of unauthorised occupation by constituting committee etc. shall count occupation for a portion of a year as whole year. 1. 1973 w. 2. be liable to forfeiture or to summary removal. 1961 (1[Karnataka]1 Act 3 of 1962).f. if such occupation has been for any nonagricultural purpose. to a fine not exceeding five hundred rupees per acre. (4) Forfeitures under this section shall be adjudged by the Deputy Commissioner and any property so forfeited shall be disposed of.—(1) Subject to such rules as may be prescribed. (3) Notwithstanding anything contained in the 2[Karnataka]2 Public Premises (Eviction of Unauthorised Occupants) Act. at the discretion of the Deputy Commissioner.e. Substituted by Act 21 of 1991 w. 6. if such occupation has been for the purposes of cultivation. and not exceeding one thousand rupees per acre. raised in the land shall be liable to forfeiture.e. Text of the notification is at the end of the Act. as would be leviable in the same village on the same extent of similar land used for the same purpose. if not removed by him after such written notice as the Deputy Commissioner may deem reasonable.f.7. the person unauthorisedly occupying any such land shall also be summarily evicted by the Deputy Commissioner and any crop including trees. ACT 12 twice such amount of assessment for every year of his unauthorised occupation. 7.8.1973.e.]1 1. Substituted by Act 33 of 1994 w.1991 by notification. 1 [(2) the Deputy Commissioner.f.11. . in determining the amount of assessment and the fine under sub-section (1). Inserted by Act 2 of 1991 w. 1. 20. by notification. and any building or other construction erected thereon shall also. for every year of his unauthorised occupation.3.1994. constitute for each taluk a committee consisting of such number of members 2[not exceeding five]2 of whom one shall be a member of Legislative Assembly for the purpose of grant of land under sub-section (4).

e.f. the land which he had unauthorisedly occupied prior to the fourteenth day of April. if any. Inserted by Act 33 of 1994 w. ACT 12] Land Revenue 501 (2) The Tahsildar of the concerned taluk shall be the Secretary of the committee.1994. Provided that the land so granted together with the land already held by such person. 1990 (hereinafter referred to as the Amendment Act). to grant to the person liable to be evicted under that section.1994.7. 1. 6. (3) The 1[committee or additional committee]1 shall follow such procedure as may be prescribed.]1 1. Substituted by Act 33 of 1994 w. 6. an application for such grant in such form along with such fees as may be prescribed and on payment of the amount payable under sub-section (5): 1. as may be prescribed and the State Government shall nominate from among the members one of them as the Chairman and another as the Secretary of the committee. but subject to such rules as may be prescribed. 6. constitute one or more additional committees for a taluk for the purpose of grant of land under sub-section (4) consisting of such number not exceeding five.f. the Deputy Commissioner shall determine the jurisdictions of the committee and the additional committee and transfer the pending applications to the respective committee. shall not exceed two hectares of ‘D’ class of land or its equivalent thereto: Provided further that no land shall be granted in the areas lying within the limits of Cities and City Municipalities specified in column (2) of the Table below and within the distance from such limits specified in the corresponding entries in column (3) thereof: .7.1964: KAR.f. (4) Nothing in section 94 shall prevent the committee constituted under sub-section (1). if he satisfies the prescribed conditions (including the extent of the land held and unauthorisedly occupied by him) and makes within a period of six months from the date of commencement of the Karnataka Land Revenue (Amendment) Act.1994. if it is of the opinion that it is necessary. 1990 (hereinafter referred to as the said date) or any portion thereof. 1[or additional committee constituted under sub-section (2A)]1.e.7. Inserted by Act 33 of 1994 w. 1 [(2A) The State Government may. When an additional committee is constituted.e.

falling within the distance of five kilometres from the limits of the city municipality having less than fifty thousand population. Provided that nothing in this section shall apply to Forest lands. 3. prior to the 14th day of April. 1961. (5) The amount payable for the grant of land under sub-section (1) 1[subsection (2A)]1 shall be such as may be prescribed. plantation lands or lands referred to in sub-section (2) of section 79. 1994.f. as the case may be. . 6.7. The amount payable. Inserted by Act 33 of 1994 w. ACT 12 TABLE Sl. 1990.1994. 2. No. 1 Inserted by Act 33 of 1994 w. Substituted by Act 33 of 1994 w.7. 1976. Hubli-Dharwad. 6. 6.]1 1 1.7. 5 Kms. All City Municipalities 1[having more than fifty thousand population and constituted]1 under the Karnataka Municipalities Act. as specified and determined in accordance with the formula in Schedule I to the Karnataka Land Reforms Act. if any.1994.e. 1964.502 Land Revenue [1964: KAR. and]1 1. 1976.e.— [(a) The Tahsildar concerned shall issue the order of grant of land. if any.f. Mangalore and Mysore respectively under the provisions of Karnataka Municipal Corporations Act. The Cities of Belgaum. Places 2 Bangalore City under the Karnataka Municipal Corporations Act. Distances 3 18 Kms. shall be paid in three equal instalments of which the first one shall be paid before the expiry of a period of thirty days from the date of communication of the order of grant and the remaining two within such period as may be prescribed. Explanation. shall make an application for such grant.1994. 1. 10 Kms. within three months from the date of commencement of the Karnataka Land Revenue (Amendment) Act. on the recommendations of the committee or additional committee. Gulbarga. [Provided also that a person who has unauthorisedly occupied the land. and issue the saguvali chit.e. (6) Notwithstanding anything contained in the preceding sub-section. ‘D’ class of land means ‘D’ class of land or an extent equivalent thereto consisting of one or more classes of land.f.—For the purpose of this section. 1 1.

1964: KAR. ACT 12]
1

Land Revenue

503

[(b) x x x]1
1. Omitted by Act 33 of 1994 w.e.f. 6.7.1994.

(c) the trees, if any, standing on the land granted and the granite in such land shall continue to belong to the Government, which may at its discretion be disposed off by it, in such manner as it may deem fit.]1 1 [94B. Grant of land in certain cases.—(1) Notwithstanding anything contained in this Act, if the Deputy Commissioner or other officer authorised by the State Government in this behalf is satisfied after holding such enquiry as he deems fit, that a person,1. Section 94B inserted by Act 22 of 1998 w.e.f. 1.11.1998 by notification. Text of the notification is at the end of the Act.

(i) has, prior to the fourteenth day of April 1990 un-authorisedly occupied any land including land referred to in sub-section (2) of section 79 from which he is liable to be evicted under section 94; and (ii) being eligible to grant of such land under section 94A has failed to apply for such grant under sub-section (4) of the said section within the period specified therein; and Provided that nothing in this clause shall apply to a person who has become eligible for grant of land by virtue of the Karnataka Land Revenue (Amendment) Act, 1997; (iii) has continued to be in actual possession of such land on the date of commencement of the Karnataka Land Revenue (Amendment) Act, 1997: -he may 1[2[within six years]2 from the date of commencement of the Karnataka Land Revenue (Amendment) Act, 2000]1 and subject to such rules, as may be prescribed make recommendations to the Committee or the Additional Committee, as the case may be constituted under section 94A and such Committee may on receipt of the recommendation grant the land to such person:
1. 2. Substituted by Act 15 of 2000 w.e.f. 27.4.2000. Substituted by Act 29 of 2005 w.e.f. 20.9.2005.

Provided that if an application made under section 94A by any other person for grant of the same land is pending consideration under that section the Committee, or the Additional Committee, as the case may be, shall consider the claim of such other person before granting the land under this sub-section:

504

Land Revenue

[1964: KAR. ACT 12

Provided further that where prior approval of the Central Government under section 2 of the Forest Conservation Act, 1980 (Central Act 69 of 1980) is required for grant of any land under this section, such grant shall not be made without such prior approval. (2) The provisions of the first proviso, second proviso, including the table and the Explanation in sub-section (4) and of sub-sections (5) and (6) of section 94A shall apply mutatis mutandis in respect of the grant of land made under sub-section (1). (3) Nothing in this section shall apply to forest land except any land referred to in sub-section (2) of section 79 which is classified as forest land.]1 1 [94C. Grant of land in case of construction of dwelling house in occupied land.- Notwithstanding anything contained in this Act and except as hereinafter provided in this section the prescribed authority, if satisfied after holding such enquiry as it deems fit that any person is in unauthorised occupation of any land belonging to the Government and has constructed a dwelling house on such land, since prior to the fourteenth day of April, 1998 may on an application made to it by such person within such period in such form along with such fee and on payment of such amount, as may be prescribed grant in such manner and subject to such restriction and conditions as may be prescribed such land to the extent covered by the house to be specified in the order of grant: Provided that nothing in this section shall apply to forest land: Provided further that nothing in this section shall apply to any unauthorised construction made on Government land and in respect of which application is made under the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991.]1
1. Inserted by Act 26 of 1999 w.e.f. 1.1.2000 by notification. Text of the notification is at the end of the Act.

95. Uses of agricultural land and the procedure for use of agricultural land for other purpose.—(1) Subject to any law for the time being in force regarding erection of buildings or construction of wells or tanks, an occupant of land assessed or held for the purpose of agriculture is entitled by himself, his servants, tenants, agents, or other legal representatives, to erect farm buildings, construct wells or tanks, or make any other improvements thereon for the better cultivation of the land or its more convenient use for the purpose aforesaid.

1964: KAR. ACT 12]

Land Revenue

505

(2) If any occupant of land assessed or held for the purpose of agriculture wishes to divert such land or any part thereof to any other purpose, he shall 1 [notwithstanding anything contained in any law for the time being in force]1 apply for permission to the Deputy Commissioner who may, subject to the provisions of this section and the rules made under this Act, refuse permission or grant it on such conditions as he may think fit.
1.
1

Inserted by Act 2 of 1991 w.e.f. 15.1.1965.

[Provided that the Deputy Commissioner shall not refuse permission for diversion of such land included in the 2[Master Plan]2 published under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), if such diversion is in accordance with the purpose of land use specified in respect of the land in such plan.]1
1. 2.
1 2

Inserted by Act 2 of 1991 w.e.f. 20.3.1991. Substituted by Act 1 of 2005 w.e.f. 14.2.2005.

[ [Provided further that]2 in Dakshina Kannada District, subject to any law for the time being in force regarding erection of buildings or the construction of wells or tanks, an occupant of 2[dry (punja) land, wet land or garden land]2 who is not,— (a) a person registered or liable to be registered as an occupant of such land under section 48A of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962); or (b) a grantee of such land under section 77 of the said Act, may, without obtaining the permission required under this sub-section and notwithstanding anything contained therein, divert such land or part thereof to any other purpose after sending a prior notice in that behalf, in the prescribed form to the Tahsildar and paying in the prescribed manner, the fine prescribed under sub-section (7).]1
1. 2. Inserted by Act 20 of 1983 w.e.f. 28.6.1983. Substituted by Act 2 of 1991 w.e.f. 20.3.1991.

(3) Permission to divert may be refused by the Deputy Commissioner on the ground 1[that the diversion is likely to defeat the provisions of any law for the time being in force or that it is likely to cause a public nuisance]1 or that it is not in the interests of the general public or that the occupant is unable or unwilling to comply with the conditions that may be imposed under subsection (4).
1.
1

Substituted by Act 2 of 1991 w.e.f. 20.3.1991.
1

[(3A) xxx]
1.

Omitted by Act 1 of 2005 w.e.f. 14.2.2005.

no application under sub-section (2) shall be recognised unless it is made by the occupant. Kodagu District. . the land so used together with the land appurtenant to any building (other than a farm house) therein. 2. before the date of commencement of the Karnataka Land Revenue (Amendment) Act. ACT 12 [(3B) xxx]1 1.e. the permission applied for shall be deemed to have been granted. Omitted by Act 1 of 2005 w. 20.2005. (6) Unless the Deputy Commissioner shall. No assessment shall be leviable on such land thereafter except under subsection (2) of section 83.1980.f.1991.—For the purpose of this section. 1 [(6a) In Dakshina Kannada District.]1 1. (4) Conditions may be imposed on diversion in order to secure the health. and in the case of land which is to be used as building sites.3.1983. from the date of receipt of the application. 1 Inserted by Act 42 of 1981 w.2. to be used for any purpose unconnected with agriculture.1980.f. in any particular instance otherwise direct.10. safety and convenience. (5) Where the Deputy Commissioner fails to inform the applicant of his decision on the application made under sub-section (2) within a period of four months. 28.e. and Kollegal Taluk of Mysore District where any land assessed or held for purposes of agriculture has been diverted or used for any other purposes.e.506 1 Land Revenue [1964: KAR. 1981. in order to secure in addition that the dimensions. Substituted by Act 2 of 1991 w.f. 3. shall with effect from such date be deemed to have been permitted to be used for purposes other than agriculture.f. 2. the Deputy Commissioner may. require the payment of a fine.f.6. not exceeding three times the built area of such building. Explanation. Inserted by Act 20 of 1983 w. Substituted by Act 42 of 1981 w. 14.e. “occupant” includes a mulgeni tenant or a permanent tenant. [(7) When any land assessed or held for the purpose of agriculture is permitted under sub-section (2) 2[or is diverted under the 3[provisos]3 to the said sub-section]2 or is deemed to have been permitted under sub-section (5) or sub-section (6a). subject to such rules as may be made by the State Government in this behalf. 2.e.]1 1.10. arrangement and accessibility of the sites are adequate for the health and convenience of occupiers or are suitable to the locality and do not contravene the provisions of any law relating to town and country planning or the erection of buildings.

subject to the rules made by the State Government in this behalf. The occupant and the person responsible for the diversion shall also be liable to pay. be liable to forfeiture or to summary removal. the Deputy Commissioner may also impose on such person a penalty not exceeding one thousand rupees for such contravention and a further penalty not exceeding twenty-five rupees for each day during which such contravention continues. (3) If any person served with a notice under sub-section (2) fails within the period stated in the notice to take steps ordered by the Deputy Commissioner under that sub-section. the Deputy Commissioner may serve a notice on the person responsible for such contravention directing him. if not removed after such written notice as the Deputy Commissioner may deem reasonable. the Deputy Commissioner may himself take such steps or cause them to be taken. 1 [(4) Notwithstanding anything contained in this section. or before the expiry of the period prescribed in subsection (5) of section 95. Penalty for using agricultural land for other purpose without permission. within a reasonable period to be stated in the notice. Subject to the orders of the State Government. direct. and any cost incurred in so doing shall be recoverable from such person in the same manner as an arrear of land revenue. ACT 12] Land Revenue 507 96. to use the land for its original purpose or to observe the condition. or that the condition may be satisfied. the Deputy Commissioner may summarily evict the occupant and the person responsible for the diversion from the land so diverted and any building or other construction erected thereon shall also. and such notice may require such person to remove any structure. to fill up any excavation or to take such other steps as may be required in order that the land may be used for its original purpose. such penalty not exceeding one thousand rupees as the Deputy Commissioner may. (2) If any land assessed or held for the purpose of agriculture has been diverted for any other purpose in contravention of an order passed or of a condition imposed under section 95.1964: KAR. when any land assessed or held for the purpose of agriculture has been diverted or used for any other purpose without the permission of the Deputy Commissioner or before the expiry of the period prescribed in sub-section (5) of section 95 or in contravention of an order passed or of a condition imposed under section .—(1) If any land assessed or held for the purpose of agriculture be diverted or used for any other purpose without the permission of the Deputy Commissioner.

—An occupant is entitled to the use and occupation of his land for the period.6. if any.— The provisions of sections 95 and 96 shall mutatis mutandis be applicable in respect of the diversion or use of any land held free of assessment on condition of being used for a specific non-agricultural purpose to any other non-agricultural purpose.508 Land Revenue [1964: KAR. conditional on the payment of the amount due on account of the land revenue for the same. be held only for the period and subject to the conditions so prescribed.]1 1. or shall be deemed ever to have made it unlawful for the Deputy Commissioner at any time to grant permission to any person to occupy any unalienated unoccupied land. the occupancy shall. for such period and on such conditions as he may prescribe. . subject to such rules as may be prescribed and subject to any law for the time being in force regarding erection of buildings or construction of wells and tanks. and subject to prescribed terms and conditions.e. in accordance with and subject to the terms and conditions specified in the rules made in this behalf by the State Government. the Deputy Commissioner may. 98.f.1984. or of any other law for the time being in force. Diversion of non-agricultural land held for a specific purpose. or if the period is unlimited. Permission may be granted on terms. 97. compound such diversion or use. Rights of occupants. subject to rules made by the State Government in this behalf.—Nothing in sections 95 and 96 shall prevent the granting of the permission aforesaid in special cases on such terms and conditions as may be agreed to between the Deputy Commissioner and the occupant. 99. according to the provisions of this Act or of any rules made thereunder. to which his tenure is limited. and on the fulfilment of any other terms or conditions lawfully annexed to his tenure: Provided that nothing in this or any other section shall make it. whether a survey settlement has been extended to the land or not. or a survey settlement has been extended to the land in perpetuity. and in any such case. 8. Inserted by Act 10 of 1985 w. which may be different for different areas or for different contraventions or for different purposes for which the diversion or use is made. on payment of the prescribed amount. ACT 12 95.

101. (2) If any right of way to a land used for purposes of agriculture and duly entered in any map or land record maintained under this Act. Occupancy right transferable and heritable. shall remove the attachment or other process placed on or set aside any sale of or affecting such occupancy. 1.— Subject to the provisions contained in section 87. ACT 12] Land Revenue 509 100. encumbrances or equities lawfully subsisting in favour of any person (other than the State Government or the occupant). to the effect that any such occupancy is not transferable without the previous sanction of the prescribed authority and that such sanction has not been granted. resign it in favour of the State Government. and such relinquishment shall have effect form the close of the current year: Provided that no portion of land which is less in extent than the whole survey number or sub-division of a survey number may be relinquished except with the previous approval of the Deputy Commissioner.f. is wrongfully .— An occupant may relinquish his land. before the 31st March in any year or before such other date as may from time to time be prescribed in this behalf. Right of way to relinquished or forfeited land or to land used for purpose of agriculture.—In any case. and the way to such land lies through other land. on receipt of a certificate under the hand and seal of the 1 [Tahsildar]1. Occupancy not transferable without sanction of prescribed authority nor liable to process of a Civil Court. 23. 102.—(1) If any land is relinquished or forfeited under the provisions of this Act. 103. tenures.10. by the State Government. and (b) the Court. that is.e. where an occupancy is not transferable without the previous sanction of the prescribed authority and such sanction has not been granted to a transfer which has been made or ordered by a Civil Court or on which the Court’s decree or order is founded. Substituted by Act 5 of 1970 w. and to any conditions lawfully annexed to the tenure and save as otherwise prescribed by law.— (a) such occupancy shall not be liable to the process of any Court and such transfer shall be null and void. an occupancy shall be deemed to be a heritable and transferable property. by giving notice in writing to the Tahsildar of the Taluk in which the land is situate. but subject to any rights. the right of way through such other land shall continue to the future holder of the land relinquished or forfeited.1969. Relinquishment.1964: KAR.

will seriously prejudice such other persons interested.e. 23. 1973 w. on due tender thereof. 104. Substituted by Act 5 of 1970 w. Summary eviction of person unauthorisedly occupying land. 23. other persons interested in the continuance of the occupancy or holding. all sums due on account of land revenue and the 1 [Tahsildar]1 shall. any person aggrieved thereby may apply to the Deputy Commissioner for removal of such obstruction or interference.11.1969.f. Substituted by Act 5 of 1970 w. 1961 (1[Karnataka]1 Act 3 of 1962) any person unauthorisedly occupying or wrongfully in possession of any land which is not transferable by virtue of any condition lawfully annexed to the tenure. as the 2[Tahsildar]2 may deem reasonable.e. 105. or of any other law for the time being in force through non-payment of land revenue due on account thereof by the occupant.—(1) In order to prevent the forfeiture of an occupancy under the provisions of section 87. The Deputy Commissioner may. or section 99 may be summarily evicted by the 2[Tahsildar]2 and any crop including trees raised in the land shall be liable to forfeiture and any building or other construction erected thereon shall also.10. ACT 12 obstructed or interfered with. 23.1969. 2. be liable to forfeiture or summary removal. be final. (2) If it appears to the 1[Tahsildar]1 that an occupant or holder has failed to pay land revenue due and has thus incurred forfeiture with a view to injure or defraud. or that a sale of the occupancy or holding.e.1969.10. (3) The order of the Deputy Commissioner under sub-section (2) shall. order the obstruction to be removed.— Notwithstanding anything contained in the 1[Karnataka]1 Public Premises (Eviction of Unauthorised Occupants) Act. receive the same. . 1. section 98. Adapted by the Karnataka Adaptations of Laws Order. the 1[Tahsildar]1 may order the forfeiture of only the interest of the defaulting occupant or holder and sell or dispose of the same: 1. if not removed by him after written notice.1973.10. 1.f. 1. To prevent forfeiture of occupancy certain persons other than occupant may pay land revenue.f.e. after a summary enquiry. subject to the decision in a civil suit. Substituted by Act 5 of 1970 w. under the provisions of section 91.510 Land Revenue [1964: KAR. or the interference to be stopped and may for enforcing such order take such action as may be necessary. it shall be lawful for any person interested to pay on behalf of such occupant.f.

CHAPTER IX REVENUE SURVEY. DIVISION OF SURVEY NUMBERS AND PARTITION OF ESTATES 106.—(1) The State Government may. town or city generally. by special order or by general notice to be published in the prescribed manner. or by summons. Adapted by the Karnataka Adaptations of Laws Order. such Survey Officer may assess and apportion the cost thereof. the officers conducting any such survey may exclude from the survey settlement. with a view to the settlement of the land revenue and to the record and preservation of rights connected therewith. 108. Revenue Survey may be introduced by State Government into any part of the State.1973. with the sanction of the State Government: 1. Power of Survey Officer to require assistance from land holders. require the attendance of holders of lands and of all persons interested therein to assist in the measurement or classification of the lands to which the revenue survey extends and when hired labour is employed for purposes incidental to the revenue survey. 1973 w. any land to which it may not seem expedient that such settlement should be applied.—(1) No survey number comprising land used for the purposes of agriculture only shall be made of less extent than a minimum to be fixed from time to time for the several classes of land in each district by the 1[Director of Survey. 107. and such costs and expenses shall be collected as land revenue due on such lands. and subject to the orders of the State Government. with all contingent expenses on the land surveyed. or to such land only as the State Government may direct.—A Survey Officer deputed to conduct or take part in any revenue survey under section 106 may. Settlement and Land Records]1.11. or for any other similar purpose and such survey shall be called a revenue survey. (3) Nothing authorised or done under the provisions of this section shall affect the right of the parties interested as the same may be established in any suit between such parties in a court of competent jurisdiction. direct the survey of any land in any part of the State. . ACT 12] Land Revenue 511 Provided that the other persons interested undertake to pay any balance that may still remain due after such sale or disposal of only the defaulter’s interest in the occupancy or holding and furnish sufficient security for the performance of such undertaking.e. Such survey shall extend to the lands of any village. 1. and be exercised by the State Government.1964: KAR. Minimum extent of a survey number. (2) The control of every revenue survey under sub-section (1) shall vest in.f.

the 1[Tahsildar]1 shall offer such subdivision at such prices as he may consider reasonable to the occupants of .— (a) survey numbers.—Subject to the provisions of any law in force for the Prevention of Fragmentation and Consolidation of Holdings in the State. or is forfeited for default in payment of land revenue. Adapted by the Karnataka Adaptations of Laws Order. Provisions applicable on relinquishment or forfeiture of a subdivision. be made into a separate number at any time.f. or when any portion of land is specially assigned under section 71.—Subject to the provisions of any law in force for the Prevention of Fragmentation and Consolidation of Holdings in the State. (2) the division of survey numbers into sub-divisions and the fixing of the assessment of the sub-divisions shall be carried out and from time to time revised in accordance with such rules as may be made by the State Government in this behalf: Provided that the total of the assessment of any survey number or subdivision shall not be enhanced during any term for which such assessment may have been fixed under the provisions of this Act. (3) the area and assessment of such sub-division shall be entered in such land records as the State Government may prescribe in this behalf. with the sanction of the Deputy Commissioner. ACT 12 Provided that. unless such assessment is liable to alteration under section 83.1973. or which may be so made under the authority of the 1[Director of Survey. and 1.11. such portion may. or when any assessment is levied on any portion of land under sub-section (2) of section 83. 110. 109. Settlement and Land Records]1 given either generally or in any particular instance in this behalf and any survey number separately recognised in the land records shall be deemed to have been made under lawful authority. 1.— (1) survey numbers may from time to time and at any time be divided into so many sub-divisions as may be required in view of the lawful acquisition of rights in land or for any other reason. 1973 w. whatever be its extent. which have already been made of less extent than the minimum so fixed.e. Division of Survey Numbers into Sub-divisions. (b) when any portion of cultivable land is permitted to be used under the provisions of section 95 or section 98 for any non-agricultural purpose.512 Land Revenue [1964: KAR. if any subdivision of a survey number is relinquished under section 102.

e. expenses properly incurred in making such partition.—It shall be the duty of the Survey Officer or the Settlement Officer on the occasion of making or revising a settlement of land revenue. Government may direct an original or revision settlement of land revenue of any land. 112.1969. hereinafter referred to as an original settlement of the land revenue of any land whether a revenue survey of such land has been made under section 106 or not. 111. (2) The State Government may also direct at any time a fresh settlement. he may think fit. CHAPTER X ASSESSMENT AND SETTLEMENT OF LAND REVENUE OF AGRICULTURAL LAND 114.—(1) The State Government may at any time direct a settlement. The State Government may direct a fresh survey. 113. Preparation of statistical and fiscal records. in his discretion. from the sharers at whose request the partition is made. no such classification shall be again made with a view to the revision of assessment of such area. in the event of all such occupants refusing the same.—The State Government may at any time direct a fresh survey or any operation subsidiary thereto: Provided that when a general classification of the soil of any area has been made and approved by the State Government as final. it shall be disposed of as the 1[Tahsildar]1 shall deem fit. ACT 12] Land Revenue 513 the other sub-division of the same survey number adjacent thereto in such order as.10.f. . of the land revenue of such land: Provided that no enhancement of assessment shall take effect before the expiration of the settlement for the time being in force. 23.1964: KAR. shall be recovered as a land revenue demand in such proportions as the Deputy Commissioner may think fit. 1. hereinafter referred to as a revision settlement. or from the persons interested in the partition. Recovery of expenses of partition. to prepare a register to be called the “Settlement Register” showing the area and assessment of each survey number. Substituted by Act 5 of 1970 w.—When any estate paying land revenue to the State Government is to be partitioned under the decree or order of a court or otherwise. with any other particulars that may be prescribed and also other records in accordance with such orders as may from time to time be made in this behalf by the State Government.

Revision of settlement of land revenue in certain cases.f. and after the revision of settlement of land revenue comes into force. 116. or when the introduction of such settlement has for any cause been delayed. ACT 12 [114A. a revision settlement is inexpedient. is of the opinion that in any zone. between the amount of land revenue paid pending the revision. the State Government.—A Settlement shall remain in force for a period of thirty years: Provided that.—(1) The land revenue assessment on all lands in respect of which a settlement has been directed under subsection (1) or sub-section (2) of section 114 and which are not wholly exempt from the payment of land revenue shall. subject to the limitations contained in the first proviso to sub-section (1) of section 84 be determined by dividing the land to be settled into groups and fixing the standard rates for each group. .1969.— Notwithstanding anything contained in this Act or in any other law. the land revenue on the lands in the zone concerned shall. (a) if at any time after the introduction of a settlement of land revenue under section 122. pending such revision.— 1. shall be paid or refunded. the difference if any.4.e. and the provisions of this Chapter relating to a revision settlement of land revenue shall be applicable to such revision of settlement. Inserted by Act 7 of 1969 w. in the opinion of the State Government. The term of settlement. be leviable and payable from the date on which the settlement of land revenue which was directed to be revised under this section was introduced. (b) the land revenue settled by such settlement shall. and the amount of land revenue payable for the period in accordance with the revised settlement of land revenue. the State Government may extend the term of the settlement for the time being in force for such period as it may think fit. direct the revision of settlement of land revenue in such zone. by order. when. 17. and (c) where a settlement of land revenue is directed to be revised under clause (a). be leviable and payable at the same rates as were in force prior to the introduction of such settlement. Assessment how determined. the settlement of land revenue requires modification.514 1 Land Revenue [1964: KAR.]1 115. if so directed by the State Government. it may. as the case may be. for reasons to be recorded in writing. with the approval of both Houses of the State Legislature.

if deemed necessary. namely:— (a) Marketing facilities. 118.—If during thirty years immediately preceding the date on which the settlement for the time being in force expires any improvements have been effected in any land by or at the expense of the holder thereof. the increase in the average yield or crops of such land due to the said improvements shall not be taken into account in fixing the revised assessment thereof. (g) Wages. (ii) climate and rainfall. (3) he shall ascertain in the prescribed manner the average yield of crops of lands for the purposes of the settlement. (e) Agricultural resources. (d) Population and supply of labour. Procedure to be followed by the Settlement Officer in making a settlement. (b) Communications. .1964: KAR. ACT 12] Land Revenue 515 (2) The groups shall ordinarily be formed on a consideration of the following factors.—In making a settlement. (2) he shall divide the lands to be settled into groups. (c) Standard of husbandry. (3) The land revenue assessment of individual survey numbers and subdivisions shall be based on their classification value in the manner prescribed. namely:— (i) physical configuration. (i) Sales of lands used for purpose of agriculture. (h) Ordinary expenses of cultivating principal crops including the wages of the cultivator for his labour in cultivating the lands. Increase in average yield due to improvements by holders not to be taken into account. the Settlement Officer shall proceed as follows:— (1) he shall hold enquiry in the manner prescribed. (iii) yield of principal crops and their prices: Provided that. 117. (f) Variation in the area of occupied and cultivated lands during the previous thirty years. the following factors may also be taken into consideration for forming groups.

and after both Houses approve the Report with or without any modification by a resolution moved in this behalf. 121.4.e. Settlement and Land Records]1. and after considering the objections.f. .. Publication of the Settlement Report. 120. as provided in sub-section (2) of section 116. Deputy Commissioner to submit to Government the Settlement Report with statement of objections. if any. the State Government shall pass orders in conformity with such resolution: Provided that 1[no order modifying the Settlement Report which has the effect of increasing the standard rates proposed in respect of any class of land in such report. together with the objections.1973. and after giving an opportunity to be heard to such objectors as desire to be heard the Deputy Commissioner shall forward to the State Government through the 1[Director of Survey.—(1) The Settlement Report.516 Land Revenue [1964: KAR. on a consideration of the relevant factors. if any. received.11. a notice stating for each class of land in the village. 1. as may be directed in this behalf by the State Government. 1973 w. shall be made by the State Government]1 unless a fresh notice as provided in section 119 has been published in each village affected by such rates. Adapted by the Karnataka Adaptations of Laws Order.— After taking into consideration such objections as may have been received by him. containing his proposals for the settlement.e. such rates are approved by a resolution moved in this behalf by both Houses of the State Legislature. and his opinion thereon. received thereon shall be laid before each House of the State Legislature. 119.1964. the Settlement Report with the statement of objections and his remarks thereon. 1. (2) The Deputy Commissioner shall also publish or cause to be published in each village concerned in Kannada and in such language of the area. Settlement Report to be approved by State Legislature. ACT 12 (4) he shall then fix standard rates for each class of land in each group. etc.—(1) After the Deputy Commissioner receives the Settlement Report submitted under section 118 he shall cause such report to be published in the prescribed manner. (5) he shall submit to the Deputy Commissioner a report hereinafter called the Settlement Report.f. if any. the existing standard rate and the extent of any increase or decrease proposed therein by the Settlement Officer. 1. The notice shall also state that any person may submit to the Deputy Commissioner his objections in writing to the proposals contained in the Settlement Report within three months from the date of such notice. Substituted by Act 9 of 1965 w. 1.

[122A. as regards the extent of land. (2) After service of a notice under sub-section (1).1964. Determination of assessment of lands. the settlement shall be deemed to have been introduced and the land revenue according to such settlement shall be levied from 1[such date. specify]1: 1 [Provided that where the settlement is introduced during the course of any revenue year. as the case may be. is contrary to law or is otherwise incorrect. Sections 122A and 122B inserted by Act 7 of 1969 w.f. 122. Settlement and Land Records]1 may appoint.f. 122B.f. Introduction of Settlement. as the State Government may. Notice of assessment to occupants. and the occupant of the land liable to pay the land revenue shall be served with a notice specifying the extent of land. 1973 w. as he deems just: . on the application of any person aggrieved by the land revenue assessed within a period of thirty days from the date of service of the notice under section 122A. 2.—After the State Government has passed orders under section 121 and notice of the same has been given in the prescribed manner. by notification. the retrospective date so specified shall not be any date other than the date of commencement of that revenue year. and (ii) shall. the standard rate applicable and the land revenue payable thereon. ACT 12] Land Revenue 517 (2) The orders passed by the State Government under sub-section (1) shall be final and shall not be called in question in any Court.1964.4.e.11.]1 1.—(1) As soon as may be after the settlement is introduced under section 122. 1. subject to any modification made under section 122B. the class of such land.e. Adapted by the Karnataka Adaptations of Laws Order. on the survey number or sub-division. pass such orders. 2 Substituted by Act 9 of 1965 w.4.—(1) The Deputy Commissioner. the standard rate applicable and the land revenue payable. the assessment of land revenue on each survey number or sub-division shall be determined by the 1 [Deputy Director for Settlement]1 or the 1[Assistant Director for Settlement]1 or such other officer as the 1[Director for Survey. if he is satisfied after such enquiry as he deems fit that the assessment of land revenue on any land or the land.1973. 1. the land revenue as specified in such notice shall.— (i) may suo motu at any time. 1. which may be prospective or retrospective.e. be levied. 1. the class of such land.1964: KAR.

which may be imposed under 1[any law for the time being in force.]1 1. Determination of assessment of lands wholly exempt from payment of land revenue.1964.f.e. Substituted by Act 21 of 2003 w.518 Land Revenue [1964: KAR.2003.e.1964. 1.11.5. accrues to such land. Adapted by the Karnataka Adaptations of Laws Order. ACT 12 Provided that no order prejudicial to the occupant shall be made under this sub-section unless the applicant or any other person interested has been given a reasonable opportunity of being heard. shall be liable to be assessed to additional land revenue during the term of the settlement for additional advantages accruing to it from water received on account of irrigation works or improvements in existing irrigation works completed after the State Government has directed the settlement under section 114. The fixing of assessment under Act limited to ordinary land revenue. Power of State Government to direct assessment for irrigation facilities. 125.]2 1. 123.e. 1. 26.]1 1.4.—Nothing in this Chapter shall be deemed to prevent the Settlement Officer from determining and registering the proper full assessment on lands wholly exempt from the payment of land revenue.e. and not effected by or at the expense of the holder of the land. 1.4. within sixty days from the date of such order. Such land revenue shall be leviable only when no water rate in respect of such additional advantage is levied under the 1[Karnataka]1 Irrigation (Levy of Betterment Contribution and Water Rate) Act.f. 1[may.f. 1 Substituted by Act 9 of 1965 w.—Notwithstanding anything contained in this Chapter.— ‘ordinary land revenue’ means the land revenue payable in respect of any land when no advantage by the use of water from a source of water which is the property of the State Government. appeal to the Tribunal and the decision of the Tribunal]1 thereon shall be final. [Explanation. Inserted by Act 9 of 1965 w. 124. 28 of 1957): 1.—The fixing of the assessment under the provisions of this Act shall be limited to the assessment of the ordinary land revenue and such fixation shall not preclude the levy of any rate for the use of water or of any cess. (2) Any person aggrieved by an order of the Deputy Commissioner under sub-section (1).f. 1957 (1[Karnataka]1 Act No. the State Government may 1[at any time direct]1 that any land in respect of which a settlement is made under this Chapter.1973. 1973 w. .

occupants. Record of Rights. CHAPTER XI RECORD OF RIGHTS 127. shall be deemed to have been made and introduced in accordance with the provisions of this Chapter and shall. be deemed to continue to remain in force. mortgagees. received to the proposal contained therein and no such direction shall be made until after the expiry of the period of six months from the date of publication of such notice.—(1) A record or rights shall be prepared in the prescribed manner in respect of every village and such record shall include the following particulars:— (a) the names of persons who are holders. and (2) all assessments fixed and settlements of land revenue heretofore made and introduced and in force on the date of the commencement of this Act. and shall consider the objections. (c) the rent of revenue (if any) payable by or to any of such persons. before making such direction publish a notice in this behalf in the village concerned in Kannada and in such language of the village.1964: KAR.— (1) all survey or settlement operations commenced before and continuing at the commencement of this Act shall be deemed to have been commenced and to be continuing under the provisions of this Act.— Notwithstanding anything contained in this Chapter or in any enactment or law repealed by section 202. and (d) such other particulars as may be prescribed. (b) the nature and extent of the respective interest of such persons and the conditions or liabilities (if any) attaching thereto. (2) The record of rights shall be maintained by such officers in such areas as may be prescribed and different officers may be prescribed for different areas. if any. as may be directed by the State Government in this behalf. Continuance of certain Survey and Settlement operations. notwithstanding anything contained in section 115. if any. . ACT 12] Land Revenue 519 Provided that the State Government shall. owners. until the introduction of a revision settlement. landlords or tenants of the land or assignees of the rent or revenue thereof. 126.

inheritance. landlord or tenant of the land or assignee of the rent or revenue thereof. owner.]1 1.1999. survivorship. Acquisitions of rights to be reported. .f.e. Inserted by Act 14 of 1999 w. any right as holder. and the said officer shall at once give a written acknowledgment of the receipt of the report to the person making it: Provided that where the person acquiring the right is a minor or otherwise disqualified.4. and forward the report to the prescribed officer of the village concerned. partition. mortgage. ACT 12 (3) When the preparation of the record of rights referred to in sub-section (1) is completed in respect of any village. (2) Notwithstanding anything contained in sub-section (1). appoint any Revenue Officer to whom a report under sub-section (1) may be made.520 Land Revenue [1964: KAR. mortgagee. the fact of such completion shall be notified in the official Gazette and in such manner as may be prescribed. Explanation I. Explanation II. lease or otherwise. gift. 30. occupant. shall report orally or in writing his acquisition of such right to the prescribed officer of the village within three months from the date of such acquisition. his guardian or other person having charge of his property shall make the report to the prescribed officer: Provided further that any person acquiring a right by virtue of a registered document shall be exempted form the obligation to report to the prescribed officer: 1 [Provided also that any person reporting under this sub-section the acquisition by him of a right in partition in respect of the land shall annex with the report a sketch showing the metes and bounds and other prescribed particulars of such land and such person shall get the sketch prepared by a licensed surveyor. the State Government may. 4 of 1882). by notification. purchase.—A person in whose favour a mortgage is discharged or extinguished or a lease determined acquires a right within the meaning of this section.—(1) Any person acquiring by succession. 1882 (Central Act No.—The rights mentioned above include a mortgage without possession but do not include an easement or a charge not amounting to a mortgage of the kind specified in section 100 of the Transfer of Property Act. in which case such officer shall give a written acknowledgment of the receipt of such report to the person making it. 128.

mortgagee.1964: KAR.—(1) The prescribed officer shall enter in the Register of Mutations every report made to him under sub-section (1) of section 128 or received by him under sub-section (2) or sub-section (4) of the said section. he shall at the same time post up a complete copy of the entry in a conspicuous place in the chavadi and shall give written intimation to all persons appearing from the Record of Rights or Register of Mutations to be interested in the mutation. (3) Should any objection to any entry made under sub-section (1) in the Register of Mutations be made either orally or in writing to the prescribed officer. and to any other person whom he has reason to believe to be interested therein. 1908 (Central Act 12 of 1908). it shall be the duty of the prescribed officer to enter the particulars of the objection in a Register of Disputed Cases. owner. shall be registered under the Indian Registration Act. unless the person liable to pay the registration fee also pays to the registering authority such fees as may be prescribed for making the necessary entries in the record of rights and registers referred to in section 129. ACT 12] Land Revenue 521 (3) If any person makes a report under sub-section (1) or sub-section (2). 129. as may be ordered. (b) after a period of one year from the date of such acquisition. . or (ii) by the Revenue Officer. occupant.(a) after the period of three months but within the period of one year from the date of acquisition of the right. the report shall be received on payment of a penalty of not less than two rupees but not exceeding ten rupees. (4) No document by virtue of which any person acquires a right in any land as holder. (2) Whenever a prescribed officer makes an entry in the Register of Mutations. the registering authority shall make a report of the acquisition of the right to the prescribed officer. landlord or tenant or assignee of the rent or revenue thereunder. the report shall be received on payment of a penalty of two rupees. and on the registration of such a document.— (i) by the Tahsildar. in case the report is made to such officer under sub-section (2). Registration of mutations and register of disputed cases. in case the report is made under sub-section (1) to the prescribed officer.

—(1) Every holder of agricultural land (including a tenant if he is primarily liable to pay land revenue therefor).522 Land Revenue [1964: KAR. to furnish or produce for his inspection within thirty days from the date of such requisition.7. shall be certified by such officer as may be prescribed. interests or liabilities are required to be or have been entered in any record or register.]1 1. Obligation to furnish information.1982. and information as respects the cultivation of the land and the areas of crops sown in it as shown in the village records and such other matters as may be prescribed. 130.e. (2) The patta book shall also contain information regarding the payment of land revenue in respect of the land and other State Government dues of the holder or. as the case may be. shall be supplied by the prescribed officer with a patta book containing a copy of the record of rights pertaining to such land. Inserted by Act 23 of 1982 w. (5) The officer holding an enquiry under sub-section (4) shall have all the powers under Chapter III. Patta Book. (7) The transfer of entries form the Registers of Mutations to the Record of Rights shall be effected in the prescribed manner. (3) The patta book shall be prepared. the tenant. 15. all such information or documents needed for the correct . that a Revenue Officer has in making a formal or summary enquiry under this Act. ACT 12 (4) The objections entered in the Register of Disputed Cases and such other objections as may be made during the enquiry shall be enquired into and disposed of by such officer and in such manner as may be prescribed. 1 [129A.f. under this Chapter shall be bound. issuing and maintaining the book. as the case may be. Such rules may provide for fees to be charged for preparing. on the requisition of any officer engaged in compiling or revising the record or register. provided that an entry in the Register of Mutations shall not be transferred to the Record of Rights until such entry has been duly certified. Orders disposing of such objections shall be recorded in the Register of Mutations by such officer.—(1) Any person whose rights. (6) Entries in the Register of Mutations shall be tested and if found correct or after correction. issued and maintained in accordance with the rules made by the State Government in that behalf.

(3) Any person who fails to furnish information or produce the document required by sub-section (1) within the period specified in the said subsection shall be liable to pay a penalty not exceeding twenty-five rupees. (2) An officer to whom any information is furnished or before whom any document is produced in accordance with a requisition under sub-section (1) shall at once give a written acknowledgment thereof to the person furnishing or producing the same 1[or may return the same immediately after keeping a copy of it. Inserted by Act 23 of 1982 w. and (b) where the preparation or revision of such map is made on the application of any person.7.—Subject to rules made in this behalf by the State Government.— (a) any Revenue Officer or prescribed officer may for the purpose of preparing or revising any map or plan required for or in connection with any record or register under this Chapter.e. .]1 1. 131.1969. Inserted by Act 14 of 1999 w.4. 1.f. for the purpose of presenting the deed before the registering authority. 23. stating the fact of its production and the date thereof. 15.e. 30. exercise any of the powers of a Survey Officer under section 107. any Revenue Officer of a rank not lower than that of an Assistant Commissioner or of a Survey Officer may assess the cost of the preparation or revision of such map or plan and all contingent expenses including the cost of clerical labour and supervision.1982. 1 [(c) any person while reporting acquisition by him of a right in accordance with the third proviso to sub-section (1) of section 128 or any person alienating any land that is part of the survey or sub number shall get a sketch of the said property prepared by a licensed surveyor. and such costs shall be recoverable from such person as an arrear or land revenue.f.1999. if necessary]1 and shall endorse on any such document a note under his signature. Requisition of assistance in preparing maps.1964: KAR.f.10. Provided that no penalty shall be imposed under this sub-section without giving to the person concerned a reasonable opportunity to be heard.e. as may be fixed by the 1[Tahsildar]1 and the amount payable as penalty shall be recoverable as an arrear of land revenue: 1. except the power of assessing the cost of hired labour. Substituted by Act 5 of 1970 w. ACT 12] Land Revenue 523 compilation or revision thereof. as may be within his knowledge or in his possession or power.

(ii) for the filing of an agreement stating a case for the opinion of the court under the Code of Civil Procedure. a certified copy of any entry in the Record of Rights or Register of Mutations relevant to such land. (3) After the disposal of any case in which a certified copy of any such entry has been recorded. . so far as it adjudicates upon any right required to be entered in the Record of Rights or Register of Mutations. (2) If the plaintiff or applicant fails so to do for any cause which the court deems sufficient.— (a) ‘suit’ means a suit to which the provisions of the Code of Civil Procedure apply. in the case of an appellate or revisional decree or order passed by the High Court or the Supreme Court. (iii) for the filing of an agreement to refer to arbitration under section 20 of the Arbitration Act. 1908. (b) ‘application’ means an application. ACT 12 132. the court shall communicate to the Deputy Commissioner any error appearing in such entry and any alteration therein that may be required by reason of the decree or order and a copy of such communication shall be kept with the record. The Deputy Commissioner shall in such case cause the entry to be corrected in accordance with the decree or decision of the Court. 1940 (Central Act 10 of 1940). but the rejection thereof shall not of its own force preclude the presentation of a fresh plaint in respect of the same cause of action or of a fresh application in respect of the same subject matter with a certified copy annexed.— (i) for the execution of a decree or order in a suit. as hereinafter defined relating to land situated in any area to which this Chapter applies.524 Land Revenue [1964: KAR.—(1) The plaintiff or applicant in every suit or application. Certified copies of records to be annexed to plaint or application. he shall produce such certified copy within a reasonable time to be fixed by the court and if such certified copy is not so annexed or produced. shall annex to the plaint or application. the plaint or application shall be rejected. The provisions of this sub-section shall apply also to an appellate or revisional court: Provided that. the communication shall be made by the original court from which the appeal lay or the record was called for. (4) In this section.

and the entry in the record or register shall be amended in accordance with any such declaration.e.1964: KAR. be deemed to include a suit. appeal to such officer as may be prescribed by the State Government in this behalf and his decision shall be final. decree or other matter relating to rent or tenancy of land. 1. 1877. within a period of sixty days from the date of communication of the order or the knowledge of the entry certified.f. he may institute a suit against any person denying or interested to deny his title to such right. Certified copies. (2) Any person affected by an order made under sub-section (4) or an entry certified under sub-section (6) of section 129 may. (d) a suit. to the generality of the expression. 136. without prejudice. .7. Bar of suits.—An entry in the Record of Rights and a certified entry in the Register of Mutations 1[or in the patta book]1 shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor. (v) of any other kind to which the State Government may. Appeal and Revision. Inserted by Act 23 of 1982 w. ACT 12] Land Revenue 525 (iv) for the filing of an award under section 14 of the said Arbitration Act. 15. Presumption regarding entries in the records.—(1) The provisions of Chapter V shall not apply to any decision or order under this Chapter. for a declaration of his right under Chapter VI of the Specific Relief Act. if the decree or other matter with respect to which an application is made.1982. direct that this section shall apply. 133.—Applications for certified copies of entries in the Record of Rights or the Register of Mutations may be made to and such copies may be given by the prescribed officers. by an entry made in any record or register maintained under this Chapter. by notification. 135. relates to land. (c) an application shall be deemed to relate to land. 134. decree or other matter relating to land shall.—No suit shall lie against the State Government or any officer of the State Government in respect of a claim to have an entry made in any record or register that is maintained under this Chapter or to have any such entry omitted or amended: Provided that if any person is aggrieved as to any right of which he is in possession.

f.—(1) If in any two or more adjoining villages. and such Panchayat or Panchayats do not agree to fix the boundaries of their respective villages in the manner prescribed in section 138. Adapted by the Karnataka Adaptations of Laws Order. 1. . Settlement of village boundaries by agreement. and such Panchayat or Panchayats agree to any given line of boundary as the boundary common to their respective villages. the officer determining the boundary shall make a survey and plan of the ground in dispute.1973.e. Procedure in case of disagreement or dispute. 1973 w. by Survey Officers or by such other officers as may be appointed by the State Government for the purpose in accordance with the provisions of this Chapter and the Rules.526 Land Revenue [1964: KAR. 1. 1959. 1.1973. Adapted by the Karnataka Adaptations of Laws Order. survey numbers. Any village boundary so marked off shall be deemed to be finally settled.e. one or more Panchayats are established under the 1[Karnataka]1 Village Panchayats and Local Boards Act. as the case may be. Determination of village boundaries. after a formal inquiry into the claims of the said parties decide the boundary of the respective villages. CHAPTER XII BOUNDARIES AND BOUNDARY MARKS 137. etc. call for and examine any records made under section 127 and section 129 and pass such orders as he may deem fit: Provided that no order shall be passed except after hearing the party who would be adversely affected by such order. on his own motion or on application of a party. if any. 1973 w. or if there be any pending dispute regarding the boundary. 1.f.11. the officer determining the boundary shall record such agreement and get it duly signed by the Chairman. 138. showing the land claimed by the contending parties and all particulars relating thereto and shall. made in this behalf. 139. 1959.11. ACT 12 (3) The Deputy Commissioner may. Vice-Chairman or the members of the Panchayats concerned.—The boundaries of villages.—When in any two or more adjoining villages one or more Panchayats are established under the 1[Karnataka]1 Village Panchayats and Local Boards Act. The officer determining the boundary shall then mark off the boundary in the manner agreed upon. sub-divisions of survey numbers or holdings shall be fixed and all disputes relating thereto shall be determined.

or if the holder or person in occupation be not present. after such inquiry as he considers necessary. or if the said officer be a Survey Officer lower in rank than a 1[Joint Director of Land Records]1.f.— (a) if undisputed.1964: KAR.e. ACT 12] Land Revenue 527 (2) If the officer deciding the boundary is the 1[Joint Director of Land Records]1. 140. 1. 23. to the reconsideration of the arbitrator or the committee.—(1) If the several parties concerned in a boundary dispute agree to submit the settlement thereof to arbitration and make an application to that effect in writing. within the specified time. shall require the said parties to nominate a sole arbitrator or an arbitration committee of three persons. Substituted by Act 5 of 1970 w. as the .1973. the boundary of a survey number. subject to an appeal to the 1 [Joint Director of Land Records]1. (2) If any dispute arises concerning the boundary of a holding which has not been surveyed. such decision.e.—(1) At the time of a survey. 1. or if at any time after the completion of a survey.11.1969. his decision. by the 1 [Joint Director of Land Records]1. Determination of boundaries of lands forming a survey number or a holding. and (b) if disputed.f. the 1[Tahsildar]1 shall decide the dispute having due regard to the land records. the decision of the officer deciding the boundary under sub-section (1) shall be final. 1. or the 1[Joint Director of Land Records]1. shall have the power to remit the award or any of the matters referred to arbitration. 141. Settlement of boundary dispute by arbitration. when confirmed by the said officer. 1973 w. a dispute arises concerning the boundary of a survey number. shall be final: Provided that the said officer. Adapted by the Karnataka Adaptations of Laws Order. a sub-division of a survey number or a holding. and if not. and in any other case. in accordance with the land records relating to the land and after making such inquiry as he considers necessary. the sole arbitrator or the arbitration committee so nominated or a majority of the members thereof arrive at a decision. shall be fixed by the Survey Officer. if they afford satisfactory evidence of the boundary previously fixed. and if within a period to be fixed by the said officer. the officer whose duty it would otherwise be to determine the boundary. shall be recorded and marked as pointed out by the holder or person in occupation.10. a sub-division of a survey number or a holding.

11. may specify or cause to be constructed. 1. Construction and repair of boundary marks. the 1[Tahsildar]1 may at any time summarily evict any land-holder.1973.2003.f. 1. not to appertain to his holding or to the holding of any person through or under whom he claims. Effect of the settlement of a boundary. maintain or repair. Substituted by Act 21 of 2003 w.f.11. 1973 w. within a . 1. (2) Such officer aforesaid may require land-holders to construct. 1973 w.11.—(1) The settlement of a boundary under this Chapter shall be determinative. (2) Where a boundary has been so fixed. 1. lay out.528 Land Revenue [1964: KAR. 2. 1. Adapted by the Karnataka Adaptations of Laws Order. or repair. laid out.1973.e. 1940 (Central Act 10 of 1940). the officer aforesaid or if the officer is a Survey Officer lower in rank than a 1[Joint Director of Land Records]1. 1.f.— (1) Any Survey Officer authorised by a 1[Joint Director of Land Records]1 or a 2[Joint Director for Settlement]2.10. 26. who is wrongfully in possession of any land which has been adjudged in the settlement of a boundary. Adapted by the Karnataka Adaptations of Laws Order. to their respective holdings. Substituted by Act 5 of 1970 w. ACT 12 case may be. the 1[Joint Director of Land Records]1 may either extend the time or settle the dispute as otherwise provided in this Act. 142. their boundary marks by a written order which shall be affixed in the chavadi or other public place in the village to which the lands under survey belong. and (b) of the rights of the land-holders on either side of the boundary fixed in respect of the land adjudged to appertain or not to appertain.e. 1. as the case may be.e. for any of the causes set forth in section 16 of the Arbitration Act. (2) If the sole arbitrator or the arbitration committee fail to effect a settlement of the dispute within the time specified.e.1969.— (a) of the proper position of the boundary line or boundary marks. lay out. 143. 1973 w.e. on the holders or others having an interest therein. 23.5. Adapted by the Karnataka Adaptations of Laws Order.1973. maintained or repaired. boundary marks of villages or survey numbers or sub-divisions of survey numbers. maintain.f. whether cultivated or uncultivated and assess all charges incurred thereby. directing the holders of survey numbers or subdivisions of survey numbers to construct.f.

1964: KAR. ACT 12]

Land Revenue

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specified time, boundary marks on their respective survey numbers or subdivisions. (3) On the failure of the land-holders to comply with the requisition made under sub-section (2), the Survey Officer shall construct, lay out or repair the boundary marks and assess all charges incurred thereby on the holders or others having an interest therein. (4) A general order, issued in the manner specified under sub-section (2) shall be held to be good and sufficient notice to each and every person having any interest in any survey number or sub-division within the limits of the lands to which the survey extends. 144. Description of boundary marks.—The boundary marks shall be of such description, and shall be constructed, laid out, maintained or repaired, in such manner and shall be of such dimension and materials as may, subject to rules made by the State Government in this behalf, be determined by the 1[Joint Director of Land Records]1 or any other officer appointed for the purpose.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.

145. Responsibility for the maintenance of boundary marks.—Every land-holder shall be responsible for the maintenance and good repair of the boundary marks of his holding, and for any charges reasonably incurred on account of the same by the Revenue Officers in case of alteration, removal or disrepair. It shall be the duty of the village accountant and officers and servants of the Panchayat to prevent the destruction or unauthorised alteration of the village boundary marks. 146. Deputy Commissioner to have charge of boundary marks after introduction of the survey settlement.—After the introduction of survey settlement in a district, the charge of the boundary marks shall devolve on the Deputy Commissioner and it shall be his duty to take measures for their construction, laying out, maintenance and repair, and for this purpose, the powers conferred on Survey Officers by section 142 and section 143 shall vest in him. 147. Penalty for injuring boundary marks.—(1) Any person wilfully erasing, removing or injuring a boundary mark, or unauthorisedly constructing a boundary mark, shall, after a summary inquiry before the 1 [Tahsildar]1, or before a Survey Officer holding a Gazetted rank, be liable to

530

Land Revenue

[1964: KAR. ACT 12

a fine not exceeding fifty rupees for each mark so erased, removed, injured or unauthorisedly constructed.
1. Substituted by Act 5 of 1970 w.e.f. 23.10.1969.

(2) The fine imposed under sub-section (1) shall be recovered as an arrear of land revenue and out of it an amount not exceeding one half may be awarded by the officer imposing the fine to the informer, if any. CHAPTER XIII
SURVEY AND SETTLEMENT OF LANDS AND OF BOUNDARY DISPUTES WITHIN THE SITES OF VILLAGES AND THE LIMITS OF TOWNS AND CITIES

148. Limits of sites of villages, towns and cities, how to be fixed and assignment of building sites.—(1) The Deputy Commissioner or a Survey Officer, when directed by a notification by the State Government, may determine what lands are included within the site of any village, town or city, and fix, and from time to time, vary the limits of the same, respect being had to all subsisting rights of land-holders. (2) The Deputy Commissioner or the Survey Officer acting under subsection (1) may set apart for building sites within the limits of any village, town or city, fixed under the said sub-section, any lands which may be the property of the State Government and not in the lawful occupation of any person or aggregate of persons, provided that no land hitherto used for purposes of agriculture only, shall be set apart for building sites, except with the previous sanction of the State Government. (3) Lands already set apart for building sites within the limits of any village, town or city in accordance with any law for the time being in force prior to the commencement of this Act, shall be deemed to have been so set apart under this section. 149. Disposal of building sites.—The Deputy Commissioner may dispose of lands set apart for building sites under section 148 other than such lands as are vested in the local authority having jurisdiction over the village, town or city, in such manner as may be directed by rules made by the State Government in this behalf. 150. Existing exemptions to be continued in certain cases.—The existing exemptions from payment of land revenue or non-agricultural assessment on land situate within the sites of villages and the limits of towns and cities shall be continued,—

1964: KAR. ACT 12]

Land Revenue

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(i) if such lands, being other than lands used for purposes of agriculture, have been held wholly or partially exempt from payment of land revenue or non-agricultural assessment under any law, or order of competent authority, or any contract or grant from the State Government, prior to the commencement of this Act; (ii) if such lands, being ordinarily used for the purposes of agriculture, have been held exempt from payment of land revenue or non-agricultural assessment prior to the commencement of this Act, having been excepted from survey settlement, introduced before this Act on the ground of such lands being ‘hittals’ attached to buildings or of its being deemed inexpedient to apply a survey settlement to them. 151. Right to exemption to be determined by the Deputy Commissioner.—(1) Claims to exemptions under section 150 shall be determined by the Deputy Commissioner, after a summary inquiry and his decision subject to decision in a civil suit shall be final. (2) Any suit instituted in a Civil Court to set aside any order passed by the Deputy Commissioner under sub-section (1) in respect of any land situate within the site of a village or the limits of a town or city shall be dismissed, (although limitation has not been set up as defence) if it has not been instituted within one year from the date of the order. 152. Survey of lands and their boundaries within sites of villages or the limits of cities and towns how to be conducted.—If the State Government shall at any time deem it expedient to direct a survey of any land or any boundary of such land, within the site of any village or the limits of any city or town, under the provisions of section 106 or a fresh survey thereon under the provisions of section 112, such survey shall be conducted and all its operations shall be regulated according to the provisions of Chapters IX and XII of this Act, due regard being had to all existing exemptions from payment of land revenue continued by section 150: Provided that nothing contained in section 107, section 138 or section 139 thereof shall be considered applicable to any such survey in any city, town or village containing more than five thousand inhabitants. 153. Procedure in certain cases of survey under section 152 and charge of a survey fee.—(1) When a survey is ordered under section 152 to any area within the limits of any city or town containing more than five thousand inhabitants,—

provided that no survey fee shall be payable. Certificate to be granted without extra charge.10. .—(1) Every holder of a building site within the area of any town or city to which a survey is ordered under section 152. after the completion of the survey of the area within the limits of the city or town or of such part thereof as the notice shall refer to. inviting all persons having any interest in the land or in the boundaries of which the survey has been ordered. Substituted by Act 5 of 1970 w. (b) each holder of a building site within such area shall be liable to pay a survey fee assessed on the area of such land by the Deputy Commissioner in the prescribed manner. when called upon.532 Land Revenue [1964: KAR. ACT 12 (a) the Survey Officer shall publish a notification in the prescribed manner. 23.— (i) by the State Government. in the form prescribed or to the like effect. shall be entitled. after payment of the survey fee in accordance with sub-section (2) of section 153 to receive from the 1 [Tahsildar]1 without extra charge a certificate. specifying the plan and description. to attend either in person or by agent at a specified place and time and from time to time thereafter. the extent and conditions of his holding: Provided that if such holder does not apply for the certificate at the time of payment of the survey fee or thereafter within three months from the date of the notice by the Deputy Commissioner under section 153.1969. 154. the 1 [Tahsildar]1 may require him to pay an additional fee not exceeding one rupee for each certificate. Such survey fee shall be recoverable as an arrear of land revenue. which under any law relating to a local authority having jurisdiction over the area are exempt from the levy of a tax on lands and buildings. 1.f. for the purpose of pointing out boundaries and supplying information in connection therewith. (2) Any survey fee assessed in accordance with sub-section (1) shall be payable within three months from the date of service of a notice by the Deputy Commissioner upon the person liable therefor. or (ii) in respect of buildings and lands exclusively occupied for public worship or for charitable purposes.e.

—It shall be the duty of every local authority. Liability for revenue.—(1) In the case of unalienated land. shall be primarily liable to the State Government for the payment of the land revenue. Duties of local authority for protecting boundary or survey marks. the occupant. ACT 12] Land Revenue 533 (2) Every such certificate shall be executed on behalf of the State Government by such officer as may from time to time be empowered to execute the same. Joint occupants and joint holders who are primarily liable under this section.1964: KAR. the amount recoverable from him shall not exceed the demands for the year in which the recovery is made: Provided further that when the land revenue is recovered under this section from any person who is not primarily liable for the same. due in respect of the land. and (b) when such local authority becomes aware that any such mark has been destroyed. . CHAPTER XIV REALISATION OF LAND REVENUE AND OTHER PUBLIC DEMANDS 157. the expenses incurred in connection with such survey shall. be payable by the local authority concerned to the State Government. shall be jointly and severally liable. (2) In the case of default by any person who is primarily liable under this section. removed or altered. the superior holder. such person shall be allowed credit for any payment which he may have duly made to the person who is primarily liable. 156. injured. within the limits of any city or town has been completed in accordance with the provisions of this Act. injury. and in the case of an alienated land. to report the fact to the prescribed officer.—When the survey of any land or boundary directed under section 152. in such proportion as may be fixed by the State Government. including all arrears of land revenue. 155. the land revenue including arrears as aforesaid shall be recoverable from any person in possession of the land: Provided that where such person is a tenant. removal or alteration of any boundary or survey mark within the limits of its jurisdiction. for the amount recovered from him in account with the person who is primarily liable.— (a) to prevent the destruction. Contributions payable by local authority. and shall be entitled to credit.

under section 163.—(1) The claim of the State Government to any moneys recoverable under the provisions of this Chapter shall have precedence over any other debt. for the purpose of this Chapter be conclusive evidence of the existence of the arrear of land revenue.—An arrear of land revenue may after serving a written notice of demand on the defaulter under section 162 be recovered by any one or more of the following processes. certified by the Deputy Commissioner or by the Assistant Commissioner shall. as the case may be. judgment. . as may be prescribed. (2) In all cases. namely:— (a) by forfeiture of the occupancy or alienated holding in respect of which the arrear is due. Claim of State Government to have precedence over all others.—(1) Any instalment of land revenue or part thereof which is not paid on the date prescribed for payment under section 159 shall become an arrear of land revenue and the person responsible for the payment shall become a defaulter. (2) The payment of land revenue to the person prescribed under subsection (1) may be made in cash or in any prescribed manner. 160. in such instalments. to such persons and at such places. demand or claim whatsoever whether in respect of mortgage. ACT 12 158. of land for agricultural purposes. execution or attachment. 159. Land Revenue when becomes due and payable. shall be recoverable. against any land or the holder thereof. from the crop of such land. (3) Any period elapsing between the first day of the revenue year and any date prescribed under sub-section (1) for the payment of land revenue shall be deemed to be a period of grace and shall not affect the provisions of subsection (1).534 Land Revenue [1964: KAR. 161. in preference to all other claims. if not otherwise discharged.—(1) The land revenue leviable on account of a revenue year shall become due on the first day of that year and it shall be payable at such times. the land revenue for the current revenue year. decree. (2) A statement of account. Process for recovery of arrears. or otherwise howsoever. of its amount and of the person who is the defaulter: Provided that nothing in this sub-section shall prejudice the rights of such person to make payment under protest and to question the correctness of the accounts in separate proceedings before the Deputy Commissioner or the Assistant Commissioner. Arrear of land revenue and defaulter.

the Tahsildar shall not declare any such occupancy or alienated holding. Notice of demand.f.]1 1. Inserted by Act 28 of 1991 w. and sell or otherwise dispose of the same under the provisions of sections 87 and 88 and credit the proceeds.— 1. (c) by attachment and sale of the defaulter’s immoveable property under sections 165 to 168. Substituted by Act 5 of 1970 w. 23. and (b) until after the expiration of at least fifteen days from the latest date on which any of the said notices shall have been published as prescribed under section 168: 1 [Provided further that notwithstanding anything contained in sub-section (1) of section 87. Forfeiture of occupancy or alienated holding. . to be forfeited to the State Government. the 1[Tahsildar]1 may. (2) When any occupancy or alienated holding is declared forfeited under sub-section (1). by attachment of the said villages or shares of villages and taking them under Government management.—(1) The 1 [Tahsildar]1 may declare the occupancy or alienated holding in respect of which an arrear of land revenue is due.1991.f.8. 7. cancel the declaration of forfeiture. 163.10.—(1) A notice of demand may be issued on or after the day following that on which the arrear became payable. (a) unless previously thereto he shall have issued a proclamation and written notices of the intended declaration in the manner prescribed under section 168 for effecting sales of immoveable property. where the arrears of land revenue due. before such occupancy or alienated holding is sold or otherwise disposed of. ACT 12] Land Revenue 535 (b) by distraint and sale of the defaulter’s moveable property including the produce of the land under section 164. (d) in the case of alienated holdings consisting of entire villages or shares of villages.1969.e. to be forfeited to the State Government. (2) The form and contents of the notice of demand.1964: KAR. if any.e. under sections 183 to 187. does not exceed rupees ten thousand. 162. to the defaulter’s account: Provided that the 1[Tahsildar]1 shall not declare any such occupancy or alienated holding to be forfeited. the cost recoverable for such notice from the defaulter as an arrear of land revenue. and the officers by whom such notices shall be issued shall be such as may be prescribed.

165. Substituted by Act 5 of 1970 w. Such distraint and sale shall be made by such officers or class of officers in such manner and in accordance with such procedure as may be prescribed.e.536 Land Revenue [1964: KAR.—(1) The 1[Tahsildar]1 may cause the defaulter’s moveable property to be distrained and sold. 167. ACT 12 if the defaulter or any person interested in the occupancy or alienated holding pays the entire arrears of land revenue due and all expenses incurred so far in the recovery proceedings as may be fixed by the 1 [Tahsildar.1969. Attachment how to be made.10. 23. the Revenue Officer making the attachment .1969. Substituted by Act 5 of 1970 w. Attachment and sale of immoveable property. Distraint and sale of moveable property.10. to the immoveable property attached under section 165. in addition to or instead of any of these processes.10.]1 1. 23. cause any immoveable property of the defaulter to be attached and sold. (2) Nothing in sub-section (1) shall be deemed to authorise the distraint or sale of any property which.f.f.—(1) If any claim is set up by a person not claiming under the defaulter.e. 1. 1.f. 23.e. Substituted by Act 5 of 1970 w. under the Code of Civil Procedure. he may.—(1) The attachment of immoveable property under section 165 shall be made by an order prohibiting the defaulter from transferring or charging the property in any way and all persons from taking any benefit from such transfer or charge. 166. Claims to immoveable property attached.1969. is exempt from attachment or sale in execution of a decree or of any article kept exclusively for religious use. (3) No transfer made or charge created by the defaulter after the date on which an order is made under sub-section (1) shall be valid as against the State Government or the auction purchaser at the sale of the property held for recovery of the arrears of land revenue subsequent to the attachment. 1908. (2) The order under sub-section (1) shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode and a copy of the order shall be affixed on a conspicuous part of the property and also on the notice board of the office of the Revenue Officer making the order. 164.—When the 1 [Tahsildar]1 is of opinion that the processes referred to in clauses (a) and (b) of section 161 are inexpedient or insufficient for the recovery of an arrear.

ACT 12] Land Revenue 537 shall hold a summary enquiry into the claim and after such enquiry may admit or reject the claim. shall. Substituted by Act 5 of 1970 w. the order shall be conclusive. (3) Subject to the general or special orders of the State Government. in such form and in such manner and containing such particulars as may be prescribed.f. if there be no bid.f. and cause such notices and proclamations to be published in such manner as may be prescribed.10. either directly or indirectly bid for or acquire any property. moveable or immoveable. . if any.—All sales of property.—(1) When a property is brought to sale in public auction under section 169. 23. institute a suit to establish the right which he claims to the property attached. under this Chapter shall be by public auction held in accordance with such rules as may prescribed. Procedure in effecting sale of immoveable property.1969. the 1 [Tahsildar]1 or other officer duly authorised by him may purchase the property on account of the Government for a value to be determined in the prescribed manner.10.e. if any. (2) A copy of every notice or proclamation issued under sub-section (1) shall be served on the defaulter. 1. the 1[Tahsildar]1 may adjust such portion of the value as is necessary to cover the amount due to Government together with the cost of the sale and the defaulter shall be entitled on application to obtain payment of balance.1969. but subject to the result of such suit. shall issue such notices and proclamations. Substituted by Act 5 of 1970 w. the property so purchased may be disposed of by the 1[Tahsildar]1 as he deems fit.e. The sale to be by auction. 1. 170. (2) When a property is so purchased.—No officer having any duty to perform in connection with any sale by auction under section 169 and no person employed by or subordinate to such officer. 169. Purchase of property by Government. 168. 23. 171. of such value. Prohibition to bid at auction.1964: KAR. within one year from the date of such order. the Deputy Commissioner or other officer empowered in this behalf.—(1) Before effecting the sale of any land or other immoveable property under the provisions of this Chapter. (2) The person against whom an order is made under sub-section (1) may.

Sale of perishables. 174. be proportionate to the amount of the arrear of land revenue to be recovered and the expenses of attachment and sale. after defraying therefrom expenses of the sale. 175.—Nothing in section 169 applies to the sale of perishable articles. or (b) on his depositing in the Deputy Commissioner’s office the amount of the arrear specified in the proclamation of sale. the party declared to be the purchaser shall be required to deposit immediately twenty-five per cent of the amount of his bid.— (a) on the ground of some material irregularity or mistake or fraud resulting in loss or injury to him. the defaulter. Sale not to be excessive.538 Land Revenue [1964: KAR. the deposit. such re-sale shall be made after issue of a fresh notice in the manner prescribed under this Chapter for the original sale. Deposit by purchaser of immoveable property. ACT 12 172. and the balance within fifteen days from the date of the sale. (2) In default of payment of the balance of the bid amount within the period prescribed in section 174. Setting aside sale. the property shall be put up for re-sale forthwith and the expenses incurred in connection with the first sale shall be borne by the defaulting bidder. Such articles shall be sold by auction with the least possible delay and such sale shall be finally concluded by the officer conducting the sale. or any person owning such property or holding an interest therein. the cost of the sale and . as far as may be practicable.—(1) Where immovable property has been sold under this Chapter. subject to such orders as may from time to time be made by the Deputy Commissioner either generally or specially in this behalf. 176. shall. (3) Any deficiency of price which may happen on a resale by reason of the purchaser’s default and all expenses attending such resale shall be recoverable from the defaulting purchaser in the same manner as an arrear of land revenue.—(1) In default of the payment of the deposit referred to in section 174. under the provisions of this Chapter. may at any time within ninety days of the date of sale apply in the prescribed manner to the Deputy Commissioner to have the sale set aside. 173.—In all cases of sale of immoveable property. shall be forfeited to the State Government and the property shall be re-sold.—The property to be sold moveable or immoveable. Failure to make deposit.

notwithstanding that no application therefor has been made. who made the deposit. the application of the first depositor or in case all the depositors agree to the application of any other depositor being accepted. 178. if the sale of any immoveable property is not confirmed or is set aside. ACT 12] Land Revenue 539 for payment to the purchaser. unless it is proved that the applicant has sustained loss or injury as a result of such irregularity or mistake. a sum equal to five per centum of the purchase money. no application has been made for setting aside the sale or if any such application has been made and rejected. the Deputy Commissioner shall. the Deputy Commissioner shall make an order setting aside the sale: Provided that if more persons than one have made deposits and applied under this section. (2) The Deputy Commissioner shall order the refund and payment of all the moneys deposited under clause (b) of sub-section (1) of section 176 to the person. the Deputy Commissioner shall make an order confirming the sale: Provided that for reasons to be recorded. of. if the sale is confirmed: Provided that the Deputy Commissioner may set off the whole or any part of any such moneys against any arrear of land revenue or any other arrear . mistake or fraud in publishing or conducting the sale.—If. shall be accepted. the application of such depositor. and (b) the sum equal to five per centum of the purchase money in case of a deposit under clause (b) of sub-section (1) of section 176.— (a) the amounts deposited by him under section 174. (3) On an application with the required deposit being made under clause (b) of sub-section (1) within the period specified therein. or on grounds other than those alleged in any application which has been made and rejected. on the expiration of ninety days from the date of sale of any immoveable property. if he is satisfied after a summary enquiry that there has been some material irregularity. (2) On an application made under clause (a) of sub-section (1). Confirmation of sale. 177. set aside the sale and direct a fresh sale: Provided that no sale shall be set aside on the ground of any irregularity or mistake. Refunds.1964: KAR.—(1) The Deputy Commissioner shall order the refund and payment to the purchases. the Deputy Commissioner may set aside the sale subject to such conditions as he may deem proper.

1.—The proceeds of the sale of any property under this Chapter shall be applied in defraying the expenses of the sale. consists of an entire village or of a share of a village. Substituted by Act 5 of 1970 w.e. (2) The provision of the Code of Civil Procedure. which may be outstanding against the person. 179. the 1[Tahsildar]1 shall put the person declared to be the purchaser in possession of the property and shall cause his name to be entered in the land records and shall grant him a certificate in the prescribed form to the effect that he has purchased the property specified therein and such certificate shall be deemed to be a valid transfer of such property. Removal of obstruction. Liability of certified purchaser. 23.10. 180.f. 1908. if any. Application of proceeds of sale. Certificate of purchase. 181.—If the holding. such purchaser may apply to the Civil Court having jurisdiction over the property. ACT 12 recoverable as an arrear of land revenue. which shall be determined in the prescribed manner and the balance shall be applied to the payment of the arrears on account of which the sale was held and the surplus. to whom a certificate is granted under section 179.—The person who has purchased any land and to whom a certificate of purchase has been granted shall not be liable for the land revenue in respect of the land for any period prior to the date of the sale. 1908.540 Land Revenue [1964: KAR. the Deputy Commissioner may.1969. who made the deposit. for removal of such resistance or obstruction and such Court shall investigate the matter as if the property were purchased by the applicant at a sale held in execution of a decree of such Court under the Code of Civil Procedure. under sub-section (1).—When a sale held under this Chapter is confirmed. 183.—(1) Where a purchaser of immoveable property. shall be paid to the person whose property has been sold. Recovery by attachment of the defaulter’s village and taking it under management. is resisted or obstructed by any person. cause such village or share of a village to be attached and . 182. and the adoption of any of the other processes specified in section 161 is deemed inexpedient. in obtaining possession of the property. with the previous sanction of the State Government. in respect of which an arrear is due. shall apply mutatis mutandis to the investigation and the order made thereafter by the Court.

184. shall be entitled to manage the lands attached by letting them out at rates not exceeding the rates prescribed under any law for the time being in force which he may deem reasonable and by granting unoccupied lands on lease and to receive all rents and profits accruing therefrom to the exclusion of the superior holder or any of the sharers thereof.— . all such rents or profits accruing in or after the revenue year in which such attachment was effected.—(1) The village or share of a village attached under section 183 shall be released from attachment and the management thereof shall be restored to the superior holder. Application of surplus profits. (2) The Deputy Commissioner or his agent appointed under section 183. (3) The Deputy Commissioner or his agent appointed under section 183 shall. Lands of such village to revert to Government free of encumbrances. beyond the cost of such attachment and management.1964: KAR.—(1) The lands of any village or shares of a village attached under section 183 shall revert to the State Government unaffected by the acts of the superior holder or of any of the sharers. Restoration of village so attached. 185. or by any charges or liabilities subsisting against such superior holder or sharers as are interested therein. on the said superior holder making an application to the Deputy Commissioner for that purpose at any time within twelve years from the first of July next after the attachment. so far as the arrears of land revenue due are concerned. until the Deputy Commissioner restores the management thereof to the said superior holder. be entitled to recover under the provisions of this Chapter. including the payment of the current revenue and the cost of the introduction of a revenue survey. shall be applied in defraying the said arrear. 186. which the Deputy Commissioner is hereby empowered to introduce.—All surplus profits of the lands attached under section 183. ACT 12] Land Revenue 541 taken under the management of himself or any agent whom he appoints for that purpose. during such management. provided that proceedings for such recovery are taken within six years from the end of the revenue year for which such rent or profit became due. but without any prejudice in other respects to the rights of any tenant or any other person.

of previous years shall be at the disposal of the State Government.e.1969. but without prejudice to the rights of the persons in actual possession of the land. (2) In order to secure the payment of the land revenue by enforcement of the lien of the State Government on the crop. if he thinks it necessary. mortgaged or otherwise disposed of. still due by him. the 1[Tahsildar]1 may.542 Land Revenue [1964: KAR. But in no case shall a crop or any portion of the crop. or if after such application has been made. 187. and pays such balance within such period as the Deputy Commissioner may specify in this behalf. still due by him within the period specified by the Deputy Commissioner in this behalf. if any. ACT 12 (a) if at the time that such application is made.—(1) When the crop of any land or any portion of the same is sold.— 1. Precautionary measures in certain cases. to vest permanently in the State Government if not redeemed within twelve years. prevent its being removed from the land until the demand for the current year in respect of the said land is paid. after defraying all arrears and costs. 23. 23. but such surplus receipts. etc.f. free from all encumbrances created by the superior holder or any of the sharers or any of his or their predecessors in title or in any wise subsisting as against such superior holder or any of the shares. (2) The Deputy Commissioner shall make over to the superior holder the surplus receipts. which have accrued in the year in which his application for restoration of the village or share of a village is made. . Substituted by Act 5 of 1970 w. if any. whether by private agreement or by order of a Civil Court or other public authority. or (b) if the said superior holder shall be willing to pay the balance..e. the superior holder fails to pay the balance. 188.10.10. mortgaged or otherwise disposed of. if any. it shall appear that the arrear has been liquidated. Substituted by Act 5 of 1970 w.f. the 1[Tahsildar]1 may. 1.—If no application be made for the restoration of a village or share of a village attached under section 183 within the aforesaid period of twelve years. the said village or share of a village shall thenceforward vest in the State Government. be detained on account of more than the demands of the year in which the detention is made. whether the date fixed for the payment of the same has arrived or not. if any. which has been sold.1969. Village.

and recover the cost incurred thereby as an arrear of land revenue due in respect of the land to which such crop belongs. 1. it is payable under the provisions of this Chapter. Substituted by Act 5 of 1970 w. the land revenue due has not been paid.1964: KAR. shall be liable. at the time at which or in the instalment in which. so as to damage the produce.e.1969. shall pay the costs lawfully incurred by the 1[Tahsildar]1. If within two months after the crop has been deposited. the 1 [Tahsildar]1 shall either release the crop and proceed to realise the revenue in any other manner authorised by this Chapter or take such portion thereof.10. Substituted by Act 5 of 1970 w. (b) direct that no such crop shall be removed from the land on which it has been reaped or from any place in which it may have been deposited without the written permission of himself or of some other officer as aforesaid.10. if default were made by the person primarily responsible.1969. 23.1969. up to the time of such relinquishment and furnish security to the satisfaction of the 1[Tahsildar]1 for the payment of the revenue. 1 Substituted by Act 5 of 1970 w. 189. 23. as he may deem fit. after the same has been duly published or a notice thereof has been served upon him. 1.f. after a summary enquiry by the 1[Tahsildar]1. for the same. Precautionary measures to be relinquished on security being furnished.—Precautionary measures authorised by section 188 shall be relinquished if the person primarily responsible for the payment of revenue or any person who would be responsible. 1. . (3) Any person who disobeys or abets the disobedience of. ACT 12] Land Revenue 543 (a) require that the crop growing on any land liable to the payment of land revenue shall not be reaped until a notice in writing has first been given to himself or some other officer to be named by him in this behalf. (4) The [Tahsildar]1 shall not defer the reaping of the crop.f. (c) cause watchmen to be placed over any such crop to prevent the reaping or removal of the same.f. nor prolong its deposit unduly. applicable to sales of movable property in realisation of the revenue due and of all legal costs and release the rest. to a fine not exceeding double the amount of the land revenue due on such land.10. for sale under the provisions of this Chapter. any order passed under sub-section (2).e.e. 23.

ceases. all maps and land records . CHAPTER XV MISCELLANEOUS 193. namely:— (a) all rents. which he may have become liable to pay under terms of his security bond. the Deputy Commissioner of the district in which such arrear of demand became due shall send a statement of account certified under sub-section (2) of section 160 to the Deputy Commissioner of the district. for use or occupation of land or water or any product of land. Inspection and grant of copies of maps and land records. be liable to be proceeded against. within which the recovery is to be made. royalties. (2) On receipt of such certified statement it shall be lawful for the Deputy Commissioner of one district to proceed to recover the demand of the Deputy Commissioner of another district under the provisions of this Chapter. 192.—(1) When an arrear of land revenue or other public demand recoverable as an arrear of land revenue under section 190 is due in one district.—Every person who may have become a surety by or under any of the provisions of this Act or under any other enactment or any grant. under the provisions of this Chapter in the same manner as for an arrear of land revenue. charges. (b) all moneys due to the State Government under any grant. shall. Recovery of arrears due in any one district by Deputy Commissioner of another district. as if the demand arose in his own district.—The following moneys may be recovered under this Act in the same manner as an arrear of land revenue. water rates. on failure to pay the amount or any portion thereof. 191.— Subject to such rules and payment of such fees as the State Government may from time to time prescribe in this behalf. Recovery of moneys from surety. which provides that they shall be recoverable as arrears of land revenue. Recovery of other public demands. lease or contract whereunder the sum secured is recoverable from the principal as an arrear of land revenue. but is to be recovered by sale of defaulter’s property in any other district. fees. penalties and fines due to the State Government. lease or contract. premia. (c) all sums declared by this Act or any other law for the time being in force to be recoverable as an arrear of land revenue. ACT 12 190.544 Land Revenue [1964: KAR.

197. to carry out the purposes and . to be exercised by such officer or authority. 194.—No suit. as may be specified in the said notification. not inconsistent with the provisions of this Act. 4. but subject to such rules as may be prescribed. 6. the State Government shall not delegate any of its powers under sections 3. ACT 12] Land Revenue 545 shall be open to the inspection of the public at reasonable hours and certified extracts from such maps and land records or certified copies thereof shall be given to all persons applying for the same. 121 or 125 or the power to make rules under section 197 or the power to remove difficulties under section 201. or the rules thereunder. it may.—(1) The State Government may. 20.1964: KAR. 10. 18. or (ii) remit the land revenue payable for any year in whole or in part as may be specified in such notification. Suspension or remission of land revenue. 196. prosecution or other proceeding shall lie. if any. 115.—(1) Notwithstanding anything contained in this Act. 21. 40. or the rules thereunder. any of the powers conferred on the State Government or any officer subordinate to it under this Act. 43. make rules. 48.—(1) The State Government may. 195. 9. by notification. where there is failure of crops in any tract owing to inadequate rainfall or other cause. (2) Every notification issued under sub-section (1) shall be laid before both Houses of the State Legislature. 7. Protection of action taken in good faith. delegate to any officer or authority subordinate to it.— (i) suspend the collection of land revenue or any part thereof for such period as may be specified in such notification. (2) Notwithstanding anything contained in sub-section (1). 114. by notification and after previous publication. subject to such restrictions and conditions. and the State Government considers that it is necessary to suspend or remit the land revenue payable in respect of any land in such tract. by notification. (b) against the State Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by anything in good faith done or intended to be done under this Act.— (a) against any officer of the State Government for anything in good faith done or intended to be done under this Act. 8. Delegation of powers. Power of State Government to make rules.

546

Land Revenue

[1964: KAR. ACT 12

objects thereof and for the guidance of all persons in matters connected with the enforcement of this Act or in cases not expressly provided for thereunder. (2) In particular and without prejudice to the generality of the foregoing power, such rules may be made,— (a) regulating the appointment of Revenue Officers and Survey Officers and the exercise by them of their powers; (b) prescribing the terms and conditions subject to which a Village Accountant holds office under section 16; (c) prescribing the language other than Kannada or English, in which the evidence is to be taken down in a formal inquiry in any district or part of a district under section 33; (d) prescribing the manner of conducting inquiries other than formal or summary inquiries under section 37; (e) prescribing conditions subject to which Benches of the Tribunal may have sittings at places other than its headquarters under section 42; (f) prescribing the mode, form and manner in which appeals under Chapter V shall be drawn up and presented; (g) prescribing the period within which an application for revision may be made under section 56; (h) prescribing the purposes for which land liable to the payment of land revenue may or may not be used, and regulating grant of permission to use agricultural land for non-agricultural purposes; (i) regulating the disposal under section 69 of land and other property vesting in the State Government; (j) regulating the disposal of forfeited land; (k) prescribing the terms and conditions on which, and the period for which unoccupied unalienated land may be granted; 1 [(l) amount of fine and compounding amount leviable under sections 95 and 96 which may be different for different areas or different contraventions or for different purposes for which the diversion or use of the land is made;]1
1. Substituted by Act 10 of 1985 w.e.f. 8.6.1984.

(m) regulating the division of survey numbers into subdivisions and the fixing of the assessment of sub-divisions under section 109;

1964: KAR. ACT 12]

Land Revenue

547

(n) regulating the conduct of surveys and settlements of land revenue and prescribing the notice to be given under section 122 before the introduction of the settlement; (o) regulating the construction, laying out, maintenance and repair of boundary marks; (p) prescribing the records, registers, accounts, maps and plans, to be maintained for the purpose of this Act and the manner and forms in which they shall be prepared and maintained; (q) prescribing the manner in which the assessment or survey number and sub-division thereof shall be based on their classification value; (r) prescribing the manner in which inquiry is to be held under section 118; (s) determining the manner in which the average yields of crops of land is to be ascertained by the Settlement Officer; (t) prescribing the manner in which the Settlement Report shall be published under section 119; (u) prescribing the manner in which and the places at which the notice inviting objections to the settlement proposals shall be published under subsection (2) of section 119; (v) regulating the preparation, maintenance and revision of the record of rights and the registers of mutations and disputed cases and prescribing the forms in which they are to be prepared and the officers by whom the said records and registers are to be maintained, tested and revised; 1 [(va) prescribing the procedure for preparation, maintenance and issue of patta book and the fee, if any, payable for its preparation, issue and maintenance, and matters relating thereto;]1
1. Inserted by Act 23 of 1982 w.e.f. 15.7.1982.

(w) regulating the exercise by prescribed officers and Revenue Officers of the powers of a Survey Officer and the assessment of costs and expenses under section 131; (x) prescribing the times and places at which and the persons to whom land revenue shall be payable and the instalments in which it may be paid; (y) prescribing the form and contents of a notice of demand, the costs recoverable for such notice and the officers by whom such notices shall be issued;

548

Land Revenue

[1964: KAR. ACT 12

(z) prescribing the procedure and the manner of distraint of movable property and the officers or class of officers competent to make such distraint; (aa) prescribing the form of summons and other processes, notices, orders and proclamations to be issued or made by Revenue Officers and the manner of their service; (bb) prescribing the procedure for the attachment and sale of property and the confirmation and setting aside of sales of immovable property under Chapter XIV; (cc) regulating the manner of publication of notices and proclamations of attachment and sale of property; (dd) regulating the manner in which the cost and expenses incidental to the attachment and sale of property shall be determined; (ee) prescribing the manner of payment of deposit and of the purchase money of the property sold for arrears of land revenue or other public demands recoverable as such arrears; (ff) determining the circumstances in which precautionary measures for securing the land revenue under section 188 may be taken; (gg) regulating the procedure for the transfer of cases from one Revenue Officer to another; (hh) for the grant of certified copies and fixing the payment of fees for inspection and grant of certified copies of records and other registers; (ii) fixing the amount of and the manner in which fee, if any, leviable on memorandum of appeals or applications for revision may be levied; (jj) any other matter which has to be or may be prescribed for the effective enforcement of the Act. (3) The State Government may, in making any rules under sub-section (1) or sub-section (2) prescribe that any person committing a breach of any specified rule shall, on conviction, be punished with imprisonment for a term not exceeding one month or with fine not exceeding five hundred rupees, or with both, in addition to any other consequences that would ensue from such breach. (4) A rule under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a statement laid before both Houses of the State Legislature. Subject to any

198.—(1) Save as otherwise expressly provided in this Act. ACT 12] Land Revenue 549 modification made under section 198. or otherwise shall be decided in accordance with the provisions of the appropriate law. revision. 200. and was responsible to. shall be disposed of by such Civil Court according to the law in force prior to the commencement of this Act. 199. so however. regulation or notification should not be made. shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. every rule made under this Act shall have effect as if enacted in this Act. Transitional provisions. the rule.1964: KAR. at the time the offence was committed.—Every rule made under this Act. regulation or notification. immediately before the coming into force of this Act. as the case may be. which would under this Act be exclusively triable by a Revenue Court. the company for the conduct of the business of the company. as well as the company. Offences by Companies. which would have been applicable had this Act not been passed. . regulation or notification shall thereafter have effect only in such modified form or be of no effect. was in charge of. every person who. Laying of rules and Regulations and notifications before the State Legislature. that any such modification or annulment shall be without prejudice to the validity of anything previously done under such rule. shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if. all cases instituted or pending before the Tribunal or any Revenue Court in any area within the State. regulation or notification or both Houses agree that the rule. and every notification issued under section 201. every regulation made under section 48. (2) Any case instituted or pending in a Civil Court immediately before the coming into force of this Act. before the expiry of the session in which it is so laid or the sessions immediately following both Houses agree in making any modification in the rule.—(1) Where an offence under this Act has been committed by a company. whether in appeal.

in consequence of the transition to the said provisions from the provisions of any enactment or law in force in such area immediately before the commencement of this Act. (d) any investigation.550 Land Revenue [1964: KAR. and any other law corresponding to this Act are hereby repealed: Provided that subject to the provisions of this Act. any director. forfeiture or punishment incurred in respect of any offence committed against such enactment or law. obligation or liability acquired. manager. liability. the repeal shall not effect. secretary or other officer of the company such director.—(1) If any difficulty arises in giving effect to the provisions of this Act. otherwise than in relation to the transition from the provisions of any enactment or law in force in such area before the commencement of this Act. by notification. the State Government may. the State Government may. ACT 12 (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of.—(1) The enactments specified in the Schedule.—For the purposes of this section. (c) any penalty. penalty. and (b) “director” in relation to a firm means a partner in the firm.— (a) the previous operation of any such enactment or law or anything duly done or suffered thereunder. as appear to it to be necessary or expedient for removing the difficulty. Repeal and Savings. make such provisions not inconsistent with the purposes of this Act. by notification. legal proceeding or remedy in respect of such right. 202. (b) any right.— (a) “company” means a body corporate. secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. obligation. make such provisions as appear to it to be necessary or expedient for removing the difficulty. 201. Explanation. privilege. manager. in any area of the State. accrued or incurred under such enactment or law. and includes a firm or other association of individuals. Power to remove difficulties. in any area of the State. (2) If any difficulty arises in giving effect to the provisions of this Act. . privilege. forfeiture or punishment as aforesaid.

rule or regulation made. fee or cess. order. non-agricultural assessment. law. and such appeal shall be disposed of by the Tribunal in accordance with the provisions of such enactment. usage or order is repugnant to. notification. law. rule or order. or inconsistent with any of the provisions of this Act. legal proceeding or remedy may be instituted or enforced and any such penalty. rule or order. if such custom. at the time of the commencement of this Act. in respect of any order made or proceedings disposed of by any officer subordinate to the Divisional Commissioner under any enactment or law. but an appeal shall lie to the tribunal as if the Tribunal were the appellate Authority under such enactment. 1 [(2A) Notwithstanding anything contained in sub-section (1) or subsection (2) or in any enactment or law repealed by sub-section (1) or any other law.1964: KAR. repealed by sub-section (1) or any rule or order made under such enactment or law. or delegation made. (2) Notwithstanding anything contained in the proviso to sub-section (1) but subject to any notification issued under section 201.1966 by notification. . usage or order prevailing in any area of the State.3. and having the force of law therein shall. ACT 12] Land Revenue 551 and any such investigation. Inserted by Act 2 of 1966 w. be construed as a reference to the corresponding provision of this Act. 1. cease to be operative to the extent of such repugnancy or inconsistency. fixed or imposed. certificate obtained or permission granted) under any enactment or law repealed by sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act. land revenue. forfeiture. anything done or any action taken (including any appointment. Text of the notification is at the end of the Act.]1 1.f. or punishment may be imposed as if such enactment or law had not been repealed. settled. unless a different intention appears. instrument or direction issued. no appeal shall lie to the Divisional Commissioner.e. (3) Any reference in any enactment or law or in any instrument to any provision of any of the enactment or law repealed by sub-section (1) shall. (4) Any custom.

3. The Madras Revenue Recovery Act. 1955.1973. 1962. 1952. The 1[Karnataka]1 Revenue Appellate Tribunal Act. The Madras Uncovenanted Officers Act. 1958. The Bombay Land Revenue Code. Year Act No. 13. 9. 16. 1899 1802 1803 1803 1817 1822 1823 1828 1832 1837 1839 1857 1864 I XXVI I II VIII IX III VII III XXXVI VII VII II . 7. The Madras Subordinate Collectors and Revenue Malversation (Amendment) Regulation. 12. No. 1939. 21. 1899. The 1[Karnataka]1 Additional Deputy Commissioners (Appointment and Powers) Act. The Bombay Mamlatdars’ Courts Act. The Madras Public Property Malversation Act. The Hyderabad Land (Special Assessment) Act. The Mysore Survey and Boundaries Act.552 Land Revenue SCHEDULE (See section 202) [1964: KAR. 26. The Bombay Revenue Jurisdiction Act.11.f. 24. 1957. The Madras Revenue Recovery (Military Proprietors) Regulation. 1803. 1906. 1. 18. The Madras Land Registration Regulation. 1973 w. 1358-F. 27. 15. 1864. 1837. 1879. 19. 17. 22. 1839. 14. 1832. 1803. The Mysore Board of Revenue Act. 8. The Madras Revenue Malversation (Amendment) Regulation. 1951. The 1[Karnataka]1 Land Record of Rights Act. 1857. The Coorg Land and Revenue Regulation. 1802. The Madras Collectors Regulation. 6. 11. 1876. 1888. The Mysore Land Revenue Code. 2. 20. 1828. 25. 1. The Hyderabad Land Revenue Act 1317F. 5. Adapted by the Karnataka Adaptations of Laws Order. The Madras Malversation (Amendment) Regulation. The Madras Rent and Revenue Sales Act. The Madras Revenue Malversation Regulation. The Bombay Revenue Tribunal Act. 10. 1822. 23. 1. 1831 I 1876 X 1879 V 1906 II 1939 XII 1317-F VIII 1358-F LX 1952 XXXII 1888 IV 1951 VIII 1955 7 1957 24 1958 17 1962 18 Short Title Land Suits (Bombay Regulation I of 1831). ACT 12 Sl. 1817. 1823. 4. The Hyderabad Board of Revenue Regulation. The Madras Board of Revenue Regulation.e.

The Madras Land Revenue Assessment (Amendment) Act. 1952. The Madras Revenue Summonses Act. **** . 31. 1914. The Madras Revenue Enquires Act. 1937. No. 38. The Madras Land Encroachment Act. Year Act No.1964: KAR. ACT 12] Sl. The Madras Revenue Recovery And City Land Revenue (Amendment) Act. 33. 1893. 1865. 36. 30. The Madras Survey and Boundaries (Amendment) Act. The Madras Survey and Boundaries Act. 1876. 37. 1924. The Madras Officials Seals Act. 28. 1923. 39. 1914. 1905. 35. 1869. 32. 1865. The Madras Survey and Boundaries Act. 29. The Madras Deputy Collectors Act. The Madras Land Revenue Assessment Act. 1923 (Validation) Act. 1865 1865 1869 1876 1893 1905 1914 1914 1923 1925 1937 1952 I VI III I V III II VII VIII II XIV X Land Revenue Short Title 553 The Madras District Limits Act. 34.

as the day on which the said Act shall come into force in the State of Mysore. dated 19th March 1964. 1964 (Mysore Act 12 of 1964).O. RD 55 LAD 64] S. SRIKANTIAH) Secretary. (B.) . 118. 1964 the Government of Karnataka hereby specify 20th March. 33) III Bangalore. 1966 as No.—In exercise of the power conferred by sub-section (3) of section 1 of the Mysore Land Revenue Act. By Order and in the name of Governor of Mysore. as the date on which the said Act shall come into force. [No.O. (Published in the Karnataka Gazette (Extraordinary). NARASIMHA RAO) Secretary. 1991 as No. S. 1990 (Karnataka Act 2 of 1991) comes into force as required under sub-section (2) of section 1 of the Amendment Act. Part IV-2C(ii) dated 3rd March. 1966.554 Land Revenue NOTIFICATIONS I [1964: KAR. RD 43 LGP 91] S. [No. the Government of Mysore hereby appoints the 1st day of April 1964. Revenue Department (Land Grants). 1991 as the date on which the karnataka Land Revenue (Amendment) Act. L. (Published in the Karnataka Gazette (Extraordinary). II Bangalore. (Mysore Act 2 of 1966) the Government of Mysore hereby appoints the 1st March. 3968. By Order and in the name of Governor of Karnataka. ACT 12 Bangalore. 217. Part IV-2C(ii) dated 20th March.—In exercise of the power conferred under section 107 of the Karnataka Land Revenue Act. (B. (N. 385. By Order and in the name of Governor of Mysore. RD 48 ART 65] S. SHANTHA) Under Secretary to Government. dated 19th March 1991.O. 1966. [No.—In exercise of the power conferred by sub-section (2) of Section 1 of the Mysore Land Revenue (Amendment) Act. dated 26th February 1966.

RD 57 LGP 98 (P1)] In exercise of the powers conferred by sub-section (2) of section 1 of the Karnataka Land Revenue (Amendment) Act. ACT 12] Land Revenue IV 555 Bangalore. the Government of Karnataka hereby appoints the 1st Day of November 1998 to be the day on which the said Act shall come into force. Revenue Department (Land Grant). 1998. 1964 the Government of Karnataka hereby specify 7th August 1991 as the date on which the Karnataka land Revenue (Amendment) Act. (JITENDRA SINGH) Under Secretary to Government. (B. GANESHA MURTHY) Under Secretary to Government. [No. 1999. 1991. 2000 to be the day from which the said Act shall come into force. Revenue Department (Land Grant-I). 1991 (Karnataka Act 21 of 1991) comes into force as required under sub-section (2) of section 1 of the Amendment Act. By Order and in the name of the Governor of Karnataka. VI Bangalore. V Bangalore. RD 38 LGP 98-I] In exercise of the powers conferred by sub-section (2) of Section 1 of the Karnataka Land Revenue (Amendment) Act. Dated 6th August. (H. 1997 (Karnataka Act 22 of 1998). Dated 13th October. By Order and in the name of the Governor of Karnataka. RD 107 LGP 91] In exercise of the powers conferred under section 197 of the Karnataka Land Revenue Act. [No. Revenue Department (Land Grant-1). .1964: KAR. By Order and in the name of the Governor of Karnataka. PUTTANNA) Under Secretary to Government. the Government of Karnataka hereby appoints the 1st day of January. dated 31st December. 1999 (Karnataka Act 26 of 1999). [No.S.

Revenue Department (Co-ord) **** . In exercise of the powers conferred by sub-section (2) of section 1 of the Karnataka Land Revenue (Amendment) Act. Shendri Under Secretary to Government. 2002 (Karnataka Act No. 2003 to be the day on which the said Act shall come into force. 21 of 2003) the Government of Karnataka hereby appoints the 26th May. RD 54 SAMITHI 2002 (P). K.S. dated 26th May. ACT 12 Bangalore. By Order and in the name of the Governor of Karnataka. 2003 No.556 Land Revenue VII [1964: KAR.

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